Chino Municipal Code Ch. 3.90 Eucalyptus Business Park Development Impact Fees

The city council finds that:

A. New residential and nonresidential development imposes increased and excessive demands upon city facilities.

B. Studies by city staff and revenue and cost specialists LLC show that new development overburdens existing public facilities and that tax revenues generated from new development do not generate sufficient funds to provide public facilities to serve new development.

C. To the extent that new development in the Eucalyptus Business Park places demands upon the public facilities, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public to the development creating the demands.

D. The city is responsible for and is committed to providing public facilities at levels necessary to cure any existing deficiencies in already developed areas.

E. Impact fees collected pursuant to this chapter may not be used to cure existing deficiencies in public facilities.

(Ord. 98-14 § 1 (part), 1998.)

This chapter becomes effective thirty days after its second reading unless adopted as an emergency ordinance pursuant to section 66017(b) of the California Government Code, and any resolution setting the rates of the fees hereunder, whether adopted concurrently herewith, or subsequent hereto, shall become effective sixty days after its adoption pursuant to section 66017 of the California Government Code.

(Ord. 98-14 § 1 (part), 1998.)

Unless expressly excepted or exempted, in addition to the fees established in Chapter 3.40 of this code, this chapter applies to the following fees imposed to finance capital facilities, the need for which is created by new development, including:

A. Bus shelter fees;

B. Entry signage fees;

C. Bicycle path fees;

D. Recycled water line fees;

E. Arts-in-public-places fees;

F. Administrative fees;

G. Traffic signal fees.

(Ord. 98-14 § 1 (part), 1998.)

This chapter does not apply to:

A. Taxes and special assessments;

B. Fees for processing development applications;

C. Fees for enforcement of or inspections pursuant to regulatory ordinances;

D. Fees collected under development agreements;

E. Fees imposed pursuant to a reimbursement agreement between the city and a developer for that portion of the cost of a public facility paid for by the developer which exceeds the need for the public facility attributable to, reasonably related to, and roughly proportional to the development;

F. Fees to mitigate impacts on the environment; or

G. Fees imposed, levied or collected by other governmental agencies including subdivisions of the state and federal government.

(Ord. 98-14 § 1 (part), 1998.)

When used in this chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Benefit area" means the geographic area within the Eucalyptus Business Park specific plan for a particular type of capital improvement serving development projects within the specific plan area.

"Calculate" means the process of determining the amount of impact fees to be imposed on a particular development project and includes an individualized determination showing a reasonable, and roughly proportional, relationship between: (1) the fee's use and the type of development project on which the fee is imposed; (2) need for the public facility and the type of development project on which the fee is to be imposed; and (3) the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development project on which the fee is to be imposed.

"Capital improvement" means land or facilities for the storage, treatment or distribution of water; for the collection, treatment, reclamation or disposal of sewage; for the collection and disposal of storm waters; for flood-control purposes; for purposes of transportation and transit, including without limitation, streets, street lighting and traffic-control devices and supporting improvements, roads, overpasses, bridges, airports and related facilities; for parks and recreational improvements; for public safety, including police and fire facilities; for schools and child care facilities; for libraries and public art; for public buildings of all kinds; and for any other capital project identified in the city's capital improvements plan. 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 five-year plan for capital improvements adopted annually by the city council, describing the approximate location, size, time of availability and estimated cost of capital improvement projects and identifying sources of funding for capital improvement projects.

"Capital improvements project list" means the list attached to the council resolution setting the base fee amount for each specific impact fee. The list shall describe the approximate location, size, time of availability and estimated cost of each capital improvement to be funded from a particular impact fee account.

"Collection" means the point at which the impact fee is actually paid to the city.

"Commitment" means earmarking impact fees to fund or partially fund capital improvements serving new development projects.

"Developer" means the owner or other person, including a lessee, having the right under the applicable zoning ordinance of the city to make application for development approvals for the development or redevelopment of a project.

"Development project" means any project undertaken for the purpose of development, including without limitation, a project involving the issuance of a permit for construction, reconstruction or change of use, but not a project involving the issuance of a permit to operate or to remodel, rehabilitate or improve an existing structure, which does not change the density or intensity of use, nor the rebuilding of a structure destroyed or damaged by an act of God, nor the replacement of one mobile home with another on the same pad if no dwelling unit is added.

"Dwelling unit" means one or more rooms in a building or a portion of a room, designed or intended to be used, or actually used, for occupancy by one family for living and sleeping quarters and containing one kitchen only, including a mobile home, but not hotel or motel units.

"Impact fee" means a monetary exaction imposed by the city pursuant to this chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the city's cost or repaying costs previously expended from other city funds for capital improvements.

"Impose" means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval.

"Nonresidential development project" means all development other than residential development projects.

"Residential development project" means any development undertaken to create a new dwelling unit.

(Ord. 98-14 § 1 (part), 1998.)

A. The base fee amount of each public facility impact fee for each type of development project shall be calculated and adopted by the city council by resolution together with the capital improvements project list.

B. Prior to establishing or increasing any impact fee, the city council shall hold a public hearing and follow the procedures set forth in section 66016 and 66018 of the California Government Code.

C. Impact fees shall be collected by the city engineer at the time and as a condition for issuance of a building permit, except that the connection fees shall be collected at the time of application for connection to the utility system.

(Ord. 98-14 § 1 (part), 1998.)

A. The city shall establish an impact fee account for each type of capital improvement for which an impact fee is imposed. The impact fees collected shall be deposited in each such account according to type of improvement. The funds of the account shall not be commingled with other funds of the city. Any account previously established for the deposit of funds which would have been development impact fees under this chapter shall be deemed an impact fee account for the purposes of this chapter.

B. Each impact fee account shall be interest-bearing, and the accumulated interest shall become part of the account.

(Ord. 98-14 § 1 (part), 1998.)

Impact fees may be expended only for the type of capital improvements for which they were imposed, calculated, and collected and according to the time limits and procedures established in this chapter. Impact fees may be used to pay the principal, interest, and other costs of bonds, notes, and other obligations issued or undertaken by or on behalf of the city to finance such improvements.

(Ord. 98-14 § 1 (part), 1998.)

A. Upon application of the developer, the city shall refund that portion of any impact fee which has been on deposit over five years and which is unexpended and uncommitted except as described in subsection B of this section. The refund shall be made to the then-current owner or owners of lots or units of the development project or projects.

B. If fees in any impact fee account are unexpended or uncommitted during the fifth year, the fees are exempt from subsection A of this section if the city council makes the following findings:

1. A need for the capital improvement still exists;

2. The fees will be committed for an identified purpose; and

3. The purpose for which the fees will be used is substantially similar to the purpose for which the fees were collected.

C. The city may refund by direct payment, by offsetting the refund against other impact fees due for development projects by the owner on the same or other property, or otherwise by agreement with the owner.

(Ord. 98-14 § 1 (part), 1998.)

A developer may request an audit to determine whether the amount of the impact fee imposed exceeds the amount reasonably necessary to finance capital improvements attributable to the development project. The city council shall then retain a qualified, independent auditor who shall determine whether the amount of the fee is correct. The city may require as a condition of the audit that the developer deposit with the city a sum equal to the reasonable estimated cost of the audit and pay for the actual cost of the audit. The decision of the independent auditor shall be final unless appealed to the city council by the developer as provided by this chapter.

(Ord. 98-14 § 1 (part), 1998.)

A. Within ten days following mailing of notice of the auditor's decision to the appellant, a developer may challenge the amount of the fee imposed pursuant to this chapter by filing with the city clerk a written notice of appeal with a full statement of the grounds and the appeal fee established by the city's cost recovery system or such other amount as may be fixed from time to time by resolution of the city council. Upon the filing of the notice of appeal, the development entitlement, if any, shall be suspended, or its processing shall cease. The city may continue processing the development application if the notice of appeal is accompanied with payment of the impact fee, or a bond or other security in an amount equal to the impact fee.

B. The appellant bears the burden of demonstrating that the amount of the fee was not calculated according to the procedures established in this chapter.

C. At a regular meeting following the filing of the appeal, the city council shall fix a time and place for hearing the appeal, and the city clerk shall mail notice of the hearing to the appellant at the address given in the notice of appeal. The hearing shall be conducted at the time and place stated in the notice, and the determination of the city council shall be announced at the conclusion of the hearing or at the next regular meeting of the city council. The determination of the city council shall be final.

(Ord. 98-14 § 1 (part), 1998.)

Any judicial action or proceeding to attack, review, set aside or annul the validity or the amount of any impact fee must be filed and service of process effected within ninety days following the date of imposition of the fee or the final determination of the city council, whichever is later.

(Ord. 98-14 § 1 (part), 1998.)

Petitions for fee adjustments shall be made in accordance with section 3.40.110 of this code.

(Ord. 98-14 § 1 (part), 1998.)

A. A developer who dedicates land or agrees to participate in an assessment district or otherwise contributes funds for capital improvements as defined in this chapter may be eligible for a credit for such contribution against the impact fee otherwise due.

B. The city engineer shall determine: (1) the value of the developer contribution; (2) whether the contribution meets capital improvement needs for which the particular impact fee has been imposed; and (3) whether the contribution will substitute or otherwise reduce the need for capital improvements anticipated to be provided with impact fee funds. In no event, however, shall the credit exceed the amount of the otherwise applicable impact fee.

C. Any application for credit must be submitted on forms provided by the city engineer before development project approval. The application shall contain a declaration under oath of those facts which qualify the developer for the credit, accompanied by the relevant documentary evidence.

(Ord. 98-14 § 1 (part), 1998.)

In the event of a conflict between the provisions of this chapter and the provisions of any other chapter, ordinance or resolution establishing or amending impact fees, the provisions of this chapter shall govern.

(Ord. 98-14 § 1 (part), 1998.)