Colton Municipal Code Ch. 12.32 Public Improvement Fees

A. Purpose. This chapter is intended to provide a method whereby the burdens of installing public Improvements, the need for which is created by certain Development Projects and which will benefit certain land in addition to such Development Projects, will be required to be borne by all of the land so benefitted. Areas of benefit May be formed and Fees chargeable to such lands May be imposed in accordance with the procedures set forth in this chapter. It is further the intent of this chapter that all Development Projects which impact surrounding Properties and create a need for new or expanded public Improvements be required to dedicate land, construct Improvements and/or pay Impact Fees sufficient to mitigate all adverse environmental impacts. To this end, areas of impact May be established, the need for Improvements within such area determined, and the proportionate responsibility of any Development Project for such cost fixed in accordance with this chapter.

B. Application. All Development Projects which are not otherwise exempt pursuant to this chapter Shall be reviewed in accordance herewith to determine whether the Project will create the need for construction of public Improvements within the Area of Impact of the Development Project. If such Area of Impact is determined to exist, then an Area of Benefit May be established for the land benefitted by construction of the Improvement, and the Developer Shall dedicate land and/or pay an Impact Fee reasonably related to the impact created by the Development Project and benefit derived thereby. All public Improvements provided in accordance with this chapter Shall meet the standards, specifications and requirements of the General Plan of the City, including the circulation element, and any specific plan adopted thereto, and any other adopted Resolution, policy, or standard of the City.

C. Effect on Other Laws. The authority created hereunder for the imposition of Impact Fees Shall be in addition to any other authority established by this Code and Shall not supersede any other provisions or authority adopted by Ordinance of the City Council unless expressly stated herein. Notwithstanding the foregoing, nothing herein Shall authorize any excessive Fee which is not reasonably necessary to meet the public needs arising as a result of the Development Project.

D. Exemptions. The Following Development Projects Shall be exempt from the provisions of this chapter:

1. Any addition, modification, Improvement or reconstruction to an existing Single-Family residential unit.

(Ord. 0-18-88 § 1 (part), 1988)

The Following definitions Shall govern the meaning of words in this chapter, unless from the context in which the word is Used, a different meaning is clearly intended:

A. "Approving Body" means that agency of the City vested with the authority to approve, conditionally approve or deny the Development Project.

B. "Area of Benefit" means the land upon which the Development Project is located and all surrounding land determined pursuant to this chapter to derive a benefit from the construction of the public Improvements required hereunder.

C. "Area of Impact" means the land upon which the Development Project is located and all surrounding land, including all transportation corridors relating to the Development Project, wherein the impacts of the Project are regarded to be significant and upon which public Improvements Must be constructed in order to mitigate such impacts. The Area of Impact can have two Components, Local where Improvements of a Minor nature are installed adjacent to and are in close proximity to the Development Project, and, area-wide where the Improvements provide significant increases to the capacity of the circulation system and other infrastructure. Both types of Improvements can benefit lands other than the Development Project.

D. "City Engineer" means the City Engineer of the City or his or her Designated Representative.

E. "Developer" means the Applicant for Approval of a Development Project and includes all partners and joint ventures of the Applicant and the Owner of the Real Property.

F. "Development Approval" means the Approval of any tentative or final tract map or Parcel map, any Conditional Use Permit, or other land Use Approval required for Development or construction pursuant to this code.

G. "Development Project" means any Project undertaken for the purpose of Development.

H. "Director of Community Development" or "Director of Public Works" means the Director of Community Development or the Director of Public Works, as the case May be, of the City or his or her Designated Representative.

I. "Impact Fee" means a monetary exaction imposed pursuant to this chapter, other than a tax, which is charged by the City to the Developer in connection with Approval of the Development Project for the purposes of defraying all or a portion of the actual or estimated costs of public Improvements related to the Development Project, including all elements listed in subsection J of this section, but does not include any Fees pursuant to Chapter 16.58, Fees for processing Applications for governmental regulatory actions or Approvals, or Fees collected pursuant to a Development agreement adopted pursuant to Government Code Section 65864, et seq. The amount of the Fee Shall be the amount reasonably determined to be equivalent to the Development Project's proportionate share of the actual or estimated cost of the Improvement, as measured by the impact caused by construction of the Development Project and/or by the benefit conferred to the land by said Improvements, as determined in accordance with this chapter.

J. "Improvements" means any public Improvements, public services, or community amenities including, but not limited to, construction of Streets, Highways, thoroughfares, bridges, Alleys, medians, turning lanes, paving, Driveways, Curbs, gutters, Sidewalks, lighting, signals, drainage, water, sewer, Utility, transit facilities (including bus turnouts, benches, shelters, landing pads, etc.), Bicycle paths, Landscaping, planters, signage, safety Improvements, and any other similar related Structures or Improvements. Improvement refers to any other specific Improvements or types of Improvements the installation of which either by the Developer, by public agencies, by private utilities, by any other entity Approved by the City, or by a combination thereof which is necessary to ensure consistency with or implementation of the General Plan or any applicable specific plan. The term Improvement includes the dedication of Real Property, either in Easement or in Fee; the planning, engineering and design of such Improvements; necessary Improvement Studies, reports and analyses; inflation factors; the financing of such Improvements; administration of contracts; as well as the actual construction of the Improvements.

K. "Improvement Study" means a report prepared by a competent traffic safety engineering expert Approved by the Director of Public Works and containing the information set forth in Section 12.32.050.

L. "Traffic Committee" means the Traffic Committee defined in section 10.50.010.

(Ord. 0-7-95 § 1, 1995; Ord. 0-18-88 § 1 (part), 1988)

(Ord. No. O-18-16, § 2, 10-18-2016)

A. Minimum Local Improvements. Minimum Local Improvements Shall consist of a concrete Curb, gutter, Sidewalk, Street paving to the center of the Street, Alley paving, Street lighting, Driveway approaches, drainage Structures, sewer and water mains, Landscaping and Street trees located within Parkways, and similar Improvements, located within the public Right-of-Way of each Public Street that the Parcel fronts upon for the full length of the common boundary of the Parcel and the Street(s).

B. Minimum Area Improvements. Minimum area Improvements Shall be any Improvements within the Area of Impact, other than Local Improvements, which are found by the City based upon the Improvement Study to be necessary to mitigate the impacts of the Development Project.

C. Existing Improvements. Existing Improvements Shall satisfy the minimum Improvement requirements under this chapter if they are installed at the proper location and in the proper manner, have adequate capacity and are either in a good condition or it is practicable by repairs to place them in good condition.

D. Standard Specifications. The standard specifications for the Improvements required under this chapter Shall be those established by the Director of Public Works as minimum specifications for all Improvements installed in the Streets of the City pursuant to this Code.

E. Dedication Required. Whenever Improvements are required under this section, the Real Property necessary for such Improvements Shall be dedicated to the City and the Improvements Shall be installed by the Developer without any cost to the City as a condition of Approval of the Development Project. All dedications required under this chapter Shall conform to the requirements of the City's General Plan, any specific plan adopted pursuant thereto, and any other adopted Resolution, policy or standard of the City.

(Ord. 0-18-88 § 1 (part), 1988)

A. Submission of Application. At the time the Developer submits an Application for a Development Project under any other provision of this Code, the Developer Shall submit a Written request to the Director of Community Development for a determination of whether an Improvement Study or studies are required under this chapter. The request Shall be submitted on a form prescribed by the Director of Community Development and containing such information as May otherwise be required under this Code for the Development Project including a Site Plan, circulation plan, description of the type of Development Project, a Projection of the total peak hour and aggregate Vehicle trips generated by Project, the density of the Project, and a Projection of sewer, water, Utility and other impacts of the Project.

B. Determination to Prepare Improvement Study. Within thirty Days after submission of a complete Application for a Development Project by the Developer, the Director of Community Development Shall determine whether an Improvement Study or studies should be prepared. An Improvement Study should generally be prepared where:

1. The impacts generated by the Development Project will affect surrounding land and transportation corridors; or

2. Area-wide Improvements are required to mitigate the impacts; or

3. Surrounding land will be substantially benefitted by the construction of the Improvements.

Any required Improvement Study Shall be performed at the sole expense of the Developer prior to the Approval of the Development Project. No Improvement Study need be prepared if a previous study has been performed and is adequate to address the requirements of Section 12.32.050 for the Development Project.

(Ord. 0-18-88 § 1 (part), 1988)

Any Improvement Study prepared pursuant to this chapter Shall contain the Following:

A. The Area of Impact of the Development Project;

B. The impacts which will occur within the area;

C. Other land benefitted by the Improvements and the Area of Benefit;

D. The Improvements which will be required upon the Development of all the land in the area;

E. A phasing plan showing when Development of land in the area will occur, and when the Improvements will need to be completed to meet the needs created by such Development;

F. Those Local and area-wide Improvements which should be constructed as Part of the Development Project;

G. The formula for and allocation of benefit to all land in the Area of Benefit;

H. Those Impact Fees which should be provided by the Development Project, and those impacts Fees which should be reimbursed to the Development Project.

The methodology, data, analysis, and recommendations contained within the Improvement Study Shall be subject to the review and Approval of the City as provided herein.

(Ord. 0-18-88 § 1 (part), 1988)

A. Determination Where No Improvement Study. Where no Improvement Study has been required pursuant to Section 13.32.040, then at the time the Development Approval Shall be granted, such Approval Shall be subject to the condition that Improvements be constructed and/or Fees paid in accordance with this chapter.

B. Review of Improvement Study by Directors. The Director of Public Works Shall review every Improvement Study and, based upon said Improvement Study, Shall make such recommendations to the Director of Community Development, and the Director of Community Development Shall make such recommendations to the Approving Body, as such officials Shall deem appropriate, provided, that any recommendations concerning circulation Improvements Shall first be referred to the Traffic Committee.

C. Review by Traffic Committee. Where an Improvement Study has been prepared and includes traffic circulation Improvements, such Improvement Study Shall be reviewed by the Traffic Committee. The Developer Shall be given ten Days' Notice and the opportunity to be heard before the Traffic Committee prior to the Traffic Committee's determination. After the hearing by the Traffic Committee, the traffic Shall make its recommendation to the Approving Body.

D. Review by Approving Body. The body charged with the authority to grant the Development Approval Shall consider the recommendation of the Director and/or Traffic Committee, as the case May be, at the time of its consideration of the Development Project. The Developer and all other interested Persons Shall be given the same Notice of the Approving Body's deliberations pursuant to this chapter as would be required to grant the Development Approval for the Project.

E. Appeals. Any determination by the Approving Body which would otherwise be final under this chapter, May be Appealed in accordance with the provisions of Section 18.32.030 of this Code.

(Ord. 0-18-88 § 1 (part), 1988)

A. Construction of Improvements. Unless otherwise provided in this chapter, the Developer Shall complete construction of all Local Improvements and all area-wide Improvements required hereunder, or provide the security established by Section 12.32.100, prior to the issuance of certificate of Occupancy.

B. Determination of Need for Construction. In the event Developer is unable to construct the Improvements required hereunder due to any of the foregoing reasons:

1. The Improvements will be located wholly or in Part on private land not accessible to the Developer or Developer otherwise does not have the legal capacity to construct the Improvement; or

2. Although there is a need for the Improvement created by the Development Project, due to fiscal, legal, governmental or other considerations, as determined by the City, it is not appropriate to immediately construct such Improvements; or

3. There is insufficient aggregate current public need to warrant construction of the Improvement at the present time; or

4. The Improvements have been previously installed by others; then the Approving Body May waive the requirement that the Improvement be constructed in conjunction with the Development Project and, in lieu thereof, Impact Fees May be required pursuant to this section. The Approving Body May also require a combination of construction of public Improvements and payment of Impact Fees to fulfill the requirements of this chapter.

C. Determination of Impact Fee. Where Impact Fees are required to be paid under this chapter, the amount of such Fees Shall be established as provided in this chapter.

D. Determination of Area of Benefit and Fees. In the event lands other than the Development Project will be substantially benefitted by the construction of the Improvement, the City Shall establish the boundaries of the Area of Benefit, the costs of the Improvements, a method of apportioning such costs against the land benefitted, and the Fee for each Parcel.

(Ord. 0-18-88 § 1 (part), 1988)

A. Improvements Shall be Necessary to Meet Needs of Development Project. No provision of this chapter Shall be construed to Permit the imposition of an Impact Fee which is excessive. An Impact Fee is excessive if the extent is not reasonably necessary to meet the public needs arising as a result of the Development Project.

B. Need for the Improvement. In requiring the Development any public Improvement pursuant to this chapter, the Approving Body Shall determine that there is a reasonable relationship between the need for the Improvement and the impact created by the Development Project.

C. Use of Fee. In the event that Approving Body requires the payment of an Impact Fee, the Approving Body Shall determine how the Fee Shall be Used and that there is a reasonable relationship between the Use of the Fee and the impact of the Development Project.

D. Conditions of Approval. As a condition of Approval of any Development Project, the Approving Body Shall impose conditions requiring that the Developer comply with the provisions of this chapter. Such conditions May include specification of the required Improvements; time for construction; phasing of the Development Project in accordance with construction of the Improvements; posting of security for construction; dedication of land; payment of Impact Fees; reimbursement for Improvements, or Fees performed or paid by others; performance of necessary studies and design services; and related Matters. The Approving Body May Permit the later Establishment of any of the foregoing administratively based upon further necessary studies. In addition, the Approving Body May require the payment of Fees established in accordance with the procedures established in this chapter to reimburse any Person, including the City, for the previous construction of public Improvements which benefit the Development Project.

(Ord. 0-18-88 § 1 (part), 1988)

A. Capital Improvement Plan. The City May adopt a Capital Improvement Plan indicating the approximate location, size, time and availability, estimates of costs for all Improvements to be financed with the Impact Fees established hereby. The Capital Improvement Plan May be updated from time to time by Resolution of the City Council Following a Noticed Public Hearing.

B. Accounting for Funds or Fees. The City Shall deposit any Impact Fees in separate capital facilities account(s) or fund(s) in a manner to avoid any commingling of the Fees with other revenues and funds of the City, except for temporary investments, and expend those Fees solely for the purpose for which the Fee was collected. Separate accounts or funds May be established for different public Improvement Projects. Any interest income earned by moneys in the capital facilities account(s) or fund(s) Shall also be deposited in that account or fund and Shall be expended only for the purpose for which the Fee was originally collected.

C. Advance of City Moneys. The City May advance moneys from its General Fund or other funds to pay the cost of constructing Improvements hereto, and May reimburse such funds for any advances from Fees paid pursuant to this chapter.

(Ord. 0-18-88 § 1 (part), 1988)

A. Improvement Security. The City May require the Developer to enter into an agreement for completion of the Improvements and May require the posting of security to secure the obligations of the agreement in accordance with the provisions of Chapter 16.56 of this Code.

B. Dedication. The City May require the dedication of land pursuant to this chapter concurrent with the issuance of Building Permits or at such other time as May be appropriate.

C. Impact Fees. All Impact Fees Shall be paid directly to the City cashier upon the date of final inspection, or the date the certificate of Occupancy is issued, whichever occurs last. In the case of Residential Dwelling Units, the City May require a payment on pro rata basis for each Dwelling or upon a percentage of Dwellings when they have received final inspection or certificate of Occupancy, whichever occurs last. Notwithstanding the foregoing, the City May require earlier payment of such Fees if necessary to reimburse City for previous expenditures or if the Fees are collected for Improvements where the City established an account, appropriated funds, and an updated construction schedule or plan for the Improvements prior to final inspection or issuance of certificate of Occupancy.

(Ord. 0-18-88 § 1 (part), 1988)

A. Construction by Developer. The Developer May be required to construct Improvements for the benefit of the Development Project which include supplemental size, capacity or number, or to pay Fees, or provide such other consideration for the construction of the same, for the benefit of Property not included in the Development Project.

B. Reimbursement to Developer. In the event that the Developer is required to construct Improvements under this section, the City Shall enter into an agreement with Developer pursuant to which the Developer May be reimbursed for the amount by which value of the Improvements or consideration exceeds the cost to the Developer of constructing the Improvements without supplemental size, capacity or number or otherwise applicable Fees. The agreement Shall set forth the amount to be reimbursed and the time and manner in which payment thereof will be made, and will be in a form Approved by the City Attorney. Generally, such payments Shall be made by the Developers of other benefitted Property at the time such Property is developed, and such payments Shall be made from revenues paid to the special fund created for the Area of Benefit.

C. Reimbursement to City. In the event that the Improvements are installed by the City, either before or after the granting of a Development Approval, at the time of Development Approval, any Developer of Property benefitted by such Improvements May be required to pay Impact Fees determined in accordance with an Improvement Study, in accordance with the procedure set forth in Section 12.32.120, or otherwise determined in accordance with this chapter.

D. Development Approval. Conditions requiring reimbursement and payment of Impact Fees in accordance with this section May be made a condition of any Development Approval in accordance with subsection D of Section 12.32.080.

(Ord. 0-18-88 § 1 (part), 1988)

A. General. This section is intended to establish an alternative method for the spreading of the costs of certain public Improvements against the lands which would be benefitted thereby. The provisions hereof Shall not be construed to limit the power of the City Council to utilize any other method authorized by Law for the accomplishment of this purpose including, without limiting the generality of the foregoing, to establish any assessment District, or to establish a Mello-Roos community facilities District pursuant to Government Code Sections 53311, et seq. This alternative method May be utilized whenever determined by the City Council to be appropriate, including as follows:

1. Whenever the Impact Fee to be paid by the Development Project is less than ten percent of the total Improvement cost; or

2. Whenever the area of the Development Project is less than ten percent of the land benefitted; or

3. Whenever the Developer formally requests utilization of the Alternative Procedure.

The Alternative Procedure May be utilized where Improvements have been constructed prior to the formation of the Area of Benefit to collect Fees to reimburse a Developer or the City pursuant to Section 12.32.110.

B. Initiation of Proceedings. In lieu of the procedure otherwise provided in this chapter, the Developer, Planning Commission or City Council, on its own motion, May initiate proceedings for the formation of an Area of Benefit, the adjustment of the boundaries in an Area of Benefit, or annexations to an Area of Benefit by adopting a Resolution stating its intention to do so.

C. Resolution of Intention. Pursuant to this section the Resolution of Intention Shall include the Following:

1. A description of the Improvements;

2. The estimated total cost for or actual cost of construction of the Improvements;

3. The boundaries of the Area of Benefit;

4. Preliminary information concerning the method pursuant to which the costs are proposed to be apportioned among the Parcels and a preliminary estimate of the amount which will be charged each such Parcel;

5. The contribution, if any, which the City or other public entity will make toward the total cost;

6. The time and place at which the City Council will hold a hearing to consider the formation or adjustment of the Area of Benefit.

D. Notice of Hearing. Notice of the hearing Shall be provided at least ten Days before the date set for the hearing by:

1. Mailing copies of the Resolution of Intention to the Owners of Real Property located within the proposed Area of Benefit and within three hundred feet of the boundaries of such area at the address as shown on the last equalized assessment roll or as otherwise known to the City Clerk;

2. Publication of the Resolution of Intention in a newspaper of general circulation;

3. Posting the Resolution of Intention in at least three Public Places within the City, including at least in one Public Place in the proposed Area of Benefit; and

4. Mailing the Resolution of Intention to each Local agency expected to provide essential services or facilities within the proposed Area of Benefit whose ability to provide such services or facilities May be significantly affected.

E. Protest. At any time not later than the hour set for the Public Hearing, any Owner of Property within the proposed Area of Benefit May file a Written protest against the Improvement Project proposed to be undertaken or against the extent of the Area of Benefit or against the charges proposed to be levied within the Area of Benefit or against any or all of the foregoing. Such protest Must be in writing, Must contain a description of the Property in which the signer is interested sufficient to identify the same, and Shall be delivered to the City CLERK prior to the close of the Public Hearing. A protest May be withdrawn prior to the close of the Public Hearing.

F. Hearing. At the time and place established by the resolution of Intention, the City Council Shall hear and consider all protests. The hearing May be continued from time to time. If within the time the protests May be filed, there is filed to the City Clerk a Written protest by the Owners of more than one-half of the area of the Property proposed to be included within the Area of Benefit, and if sufficient protests are not withdrawn so as to reduce the area represented to less than said one-half, then the proposed proceedings Shall be Abandoned unless the protests are overruled by an affirmative vote of four-fifths of the members of the City Council. The City Council Shall not overrule a majority of protests unless it Shall find that the public health, safety or general welfare require the installation of the Improvements.

G. Resolution of Formation. At the conclusion of the hearing and provided that there are no protests by the Owners of over one-half of the land included in the Area of Benefit, the City Council May adopt a Resolution ordering the formation or adjustment of the Area of Benefit. Said Resolution Shall cover those Matters listed in subsection C of this section. Notice of the adoption of the Resolution of formation or adjustment Shall be provided in the same manner as set forth herein for Resolutions of Intention. A certified Copy of the Resolution May be recorded in the Office of the County Recorder.

H. Payment of Fees. After the adoption by the City Council of a Resolution forming or adjusting an Area of Benefit, no Development Shall be Permitted on any land included within the Area of Benefit unless or until the proportional share of the Fees established by the Resolution of formation or adjustment for such lands have been paid or provision has been made for such payment to the satisfaction of the City Manager. In addition, whenever the City determines that the Improvement is needed, the City Shall serve a Notice of assessment on the Owners of Properties within the Area of Benefit in the same manner as delivery of the hearing Notices pursuant to subsection D of this section, and Shall record such Notice in the Office of the County Recorder. The amount of the levy shown in the Notice Shall be a lien against the Properties, and the City May foreclose the lien if it is not paid in the same manner as for abatement of Nuisances pursuant to Chapter 6.20. Money received by the City as payment of such Fees Shall be deposited in a special fund established for the Area of Benefit and Shall thereafter be expended solely for the construction or reimbursement for construction of the Improvement or to reimburse the City for the cost of constructing any Improvement.

I. Annual Review. The City Council May annually after the adoption of the Resolution of formation cause an adjustment to be made in the Fees established by said Resolution. Adjustments May reflect: changes in the estimated cost of the proposed public Improvements, as reflected in the Consumer Price Index or such other indices as the City Council May deem appropriate; changes in the Improvements proposed to be constructed; changes in the boundaries of the Area of Benefit; the availability, or lack thereof, of other funds with which to construct the public Improvements; or other factors. However, in no case Shall a modification, the effect of which would be to increase the Fee payable, be made applicable to the lands for which the Fees established by the Resolution formation have already been paid.

J. Termination of Area of Benefit. Upon receipt of an Application by a landOwner or Developer, or on its own motion, City Council May initiate proceedings for the termination of an Area of Benefit by adopting a Resolution stating its intention to do so. The Resolution of Intention Shall state the time and place at which the City Council will hold a hearing to consider such termination. If, at the conclusion of such hearing, the City Council finds and determines that the public Improvement for which the area was originally formed will not be required in the reasonably foreseeable future, or that the installation of said public Improvement May be financed more effectively by another method, the City Council May adopt a Resolution declaring the Area of Benefit to be terminated. Upon the termination of the Area of Benefit, the money May remain in the special fund established in connection therewith and Shall be returned to those Persons who had made payment thereof, in proportion to the amount of their payments.

(Ord. 0-18-88 § 1 (part), 1988)