Chapter 16.25 — SOUTH CORONA DEVELOPMENT FEES AND CREDITS

The City Council finds as follows.

(A) The City Council by Resolution 89-24 adopted March 1, 1988 has adopted policies for the financing of improvements in the South Corona area.

(B) These policies require the enactment and implementation of certain development fees to assure that all development pays its fair share of the costs of providing necessary infrastructure for the area.

(C) Because different land uses impose differing burdens on community facilities, a specific development’s fair share must be determined by a formula that accounts for such differences.

(D) The City Council has established an Equivalent Dwelling Unit ("EDU") measurement to determine the relative burden imposed by any residential or nonresidential development in the South Corona area.

(E) The proper funding source for the costs associated with creating the South Corona Community Facilities Plan, as well as for the actual development and construction of thoroughfares, drainage, sewer, emergency, water, traffic signalization and parks, recreation and open space facilities is a specific development fee for each type of facility related to the specific need created by the development which is reasonably related to the estimated cost of

constructing such necessary infrastructure when the city projects such construction to be commenced, discounted to present value.

(F) The nature of the South Corona area is such that a special chapter in the Corona Municipal Code addressing the development fee financing structure must be added.

(G) The provisions of this chapter are in addition to all the other provisions of the Corona Municipal Code and all new development in the South Corona area, whether by subdivisions or otherwise, is subject to all other provisions of the Corona Municipal Code as well as to the provisions of this chapter.

(H) In order to assure fair and legally sound implementation of the development fees established in this chapter, such fees shall be reviewed annually and shall be set by special noncodified ordinance following notice and hearing.

(I) In order to assure fair implementation of the development fees established in this chapter, the City Council must have the latitude to defer or waive such fees in special case, after notice and hearing, where better or more fair financing arrangement would result from such deferral or where imposition of such fee or fees would cause undue hardship.

(J) To assure fair implementation of the development fees established by this chapter, provision must be made for extending such fees to subsequently annexed land that benefits from the public facilities funded by these fees.

(K) Notice of the public meeting adopting this chapter has been given in compliance with Cal. Gov’t Code §§ 54954.6, 65091 and 66484.

(`78 Code, § 16.25.000.) (Ord. 2440 § 4, 2000; Ord. 2388 § 4, 1999; Ord. 1944 § 1 (part), 1989.)

The City Council declares the purpose of this chapter is to provide for the orderly, fair and fiscally sound development of property located within the South Corona area subject to the South Corona Specific Plan in order to promote the health, safety and welfare of the citizens of Corona and to comply with the law. This chapter shall apply solely to construction of new dwelling units and new commercial, industrial and office facilities. This chapter shall not apply to the following:

(A) Projects for which a final map, as described in Chapter 16.16 of the Corona Municipal Code, has been duly approved by the City Council and recorded as of the effective date, provided the project is built in conformance with the final map and provided the project has paid all applicable development impact fees previously imposed.

(B) Secondary residential units, as defined herein, constructed on developed residential property meeting all state and city requirements for such units.

(C) Additions or improvements to dwelling units after construction is complete, unless such additions or

improvements; (1) increase the number of dwelling units on the property, as defined herein, and (2) are not secondary residential units, as defined herein.

(D) Government/ public buildings, public schools, or other public facilities.

(E) The rehabilitation and/or reconstruction of any legal, residential structure, and/or the replacement of a previously existing dwelling unit.

(F) The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage of the structure. Any increase in square footage of the structure shall pay the current applicable development impact fees for such increase.

(G) Development projects that are the subject of a development agreement entered into pursuant to Government Code Section 65864 et seq . prior to the initial effective date of this chapter, wherein the imposition of new fees is expressly prohibited; provided, however, that if the term of such development agreement is extended after the initial effective date of this chapter, the development impact fees shall be imposed.

(H) Development projects with an approved tentative subdivision map(s) or recorded lots that are vested pursuant to California Government Code sections 66498.1 through 66498.9 or other applicable law vesting the development project and affecting the collection of development impact fees.

(I) Guest dwellings, accessory living quarters, or guesthouses, as defined in Title 17 of the Corona Municipal Code.

(J) The sanctuary portion of a church building other than a house of worship that is eligible for a property tax exemption.

(K) The moving of a historic residential structure from a lot in the city onto another lot. For purposes of this subsection a “ historic residential structure ” shall be defined as a residential structure located in the city of Corona that is listed on the National Register of Historic Places, the California Register of Historic Resources, the Corona Heritage Inventory List or the Corona Register.

he moving of a historic residential structure from a lot in the city onto another lot. For purposes of this subsection a “ historic residential structure ” shall be defined as a residential structure located in the city of Corona that is listed on the National Register of Historic Places, the California Register of Historic Resources, the Corona Heritage Inventory List or the Corona Register.

(`78 Code, § 16.25.010.) (Ord. 2727 § 4, 2004; Ord. 2630 § 5, 2003; Ord. 2338 § 5, 1997; Ord. 2024 § 1, 1991; Ord. 2988 § 1, 1990; Ord. 1944 § 1 (part), 1989.)

As used in this chapter, the following words and phrases have the following meanings.

(A) " South Corona area " means that property subject to the South Corona Master Community Facilities Plan, a Plan adopted by Resolution No. 88-105 of the City Council, together with certain adjacent properties as shown on the map in Appendix A.

(B) " Equivalent Dwelling Unit (EDU) " means a land use which has been determined to be equivalent to a residential dwelling unit in terms of potential infrastructure use or benefit for each type of infrastructure facility.

(C) " Dwelling unit (DU) " means a building or portion thereof designed exclusively for residential occupancy, including one family dwellings, multiple family dwellings and manufactured housing. (`78 Code, § 16.25.020.) (Ord. 2552 § 4, 2001; Ord. 1944 § 1 (part), 1989.)

16.25.040 through 16.25.044 (Reserved).

The City Council finds as follows.

(A) The subdivision and development of property within the South Corona area will create a need for and will require the construction of planned sanitary sewer facilities for local sanitary sewer areas.

(B) Pursuant to Cal. Gov’t Code § 66483 and the city’s police powers, the city may impose by ordinance a requirement for the payment of fees for the purpose of paying for the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas.

(C) A sanitary sewer facility plan entitled "South Corona Sewer Facilities Plan" and dated May 1, 1989 ("Sewer Plan") has been prepared by the city staff. That plan describes in detail the sanitary sewer facilities which are required for the area contains an estimate of the total cost of constructing the local sanitary sewer facilities required by the plan and contains a map of such area showing its boundaries and the location of such facilities.

(D) After considering the Sewer Plan and the testimony received at this public hearing, the Council approves the Sewer Plan and based thereon finds that new development in the South Corona area will create additional sewage impacts and will contribute to the degradation of existing sanitary sewer system in the South Corona area.

(E) The Council also finds that the costs of the sanitary sewer facilities funded by this chapter are apportioned relative to the anticipated contribution to sewage flows created by improvements within the South Corona area, and that the fees are fairly apportioned throughout the South Corona area on the basis of benefits conferred on property proposed for development or the need for such facilities created by the proposed development.

(F) The Council also finds that the fee as to any property proposed for subdivision within such a local area represents and does not exceed the fair share of the amount of the total actual or estimated cost of all sanitary sewer facilities within such area as required by Cal. Gov’t Code § 66483(e).

(G) The Council also finds that the facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development on which the fee will be imposed and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the city’s Sewer Plan.

(H) The Council also finds that the cost estimate set forth in the Sewer Plan is a reasonable cost estimate for constructing the sanitary sewer facilities proposed therein, and the fees expected to be generated by new development will not exceed the total of these costs.

(I) The sanitary sewer facilities fees collected pursuant to this chapter shall be used only to finance the public facilities described or identified in the Sewer Plan.

(J) The County of Riverside does not have a county-wide general sanitary sewer facilities plan. Therefore, neither the county nor the district need make findings pursuant to Cal. Gov’t Code § 66483(c). (`78 Code, § 16.25.050.) (Ord. 1944 § 1 (part), 1989.)

(A) Each owner of a lot or parcel of property within the South Corona area shall pay to the city as a condition to the recordation of a final subdivision map or parcel map, or as a condition to the issuance of a building permit, whichever occurs first, for any improvement on land for which no sanitary sewer facilities fee has been paid as provided by this section, a sanitary sewer facilities fee representing the owner’s fair share of the estimated cost of the construction of sanitary sewer facilities in the South Corona area as identified in the Sewer Plan. The amount of the fee shall be reviewed and determined annually by noncodified ordinance of the city.

(B) Notwithstanding division (A) of this section, to the extent that a parcel or lot otherwise required to pay a sewer facilities fee is located within a community facilities or assessment district for the provision of sanitary sewer facilities, the fee required by this chapter shall be proportionately offset according to the policies set forth in Resolution 89-24 by the amount paid toward sewer improvements related to the South Corona area by that district allocable to the parcel or lot owner.

(`78 Code, § 16.25.051.) (Ord. 1944 § 1 (part), 1989.)

The fees paid pursuant to § 16.25.051 shall be placed in a special fund which may be further segregated by specific sewer projects. That fund shall be known as the "South Corona Sanitary Sewer Fees Fund." This fund, and interest earned thereon, shall be expended solely for the acquisition of land, if necessary, and the design and construction, or reimbursement for construction, of sanitary sewer facilities as shown in the Sewer Plan. (`78 Code, § 16.25.052.) (Ord. 1944 § 1 (part), 1989.)

(A) The owner of a parcel of property otherwise required to pay a sanitary sewer facilities fee under § 16.25.051 shall receive a development fee credit when that owner constructs a sanitary sewer improvement identified in the Sewer Plan, regardless of how it may be financed and which serves the owner’s parcel or parcels. The development fee credit shall offset, on a proportionate basis without interest, the sanitary sewer facilities fee required to be paid under § 16.25.051.

(B) The amount of the development fee credit shall not exceed the city’s most recent estimated cost of constructing the facility, or the portion of the facility actually completed, by contract or utilizing city forces.

(C) The owner of a parcel of property within the South Corona area may be further entitled to a development fee credit where the city determines on a case-by-case basis prior to construction of an improvement that the construction of a major sewer facility or a portion thereof will be necessary to provide basic services to the entire South Corona area even though it does not directly serve the owner’s project or is of greater capacity than that required to serve the owner’s project adequately.

(D) The amount of the development fee credit shall be determined after inspection and acceptance of the sewer facility at the time of payment of the sanitary sewer facilities fee under § 16.25.051.

(E) If an owner pays the sewer fee assessed under § 16.25.031 and later elects to accelerate development by independently constructing sewer facilities required for the project, the owner may apply for and receive a refund, up to the amount of the sewer fee required under § 16.25.051, for such facilities after those facilities are certified by the City Engineer as complying with the Sewer Plan, city ordinances and applicable law.

(F) To the extent that an owner is granted a development fee credit, such owner shall not be entitled to future reimbursement except as provided in § 16.25.054.

(G) A development fee credit is an obligation of the city that runs with the land and inures to the benefit of each successor-in-interest of the original landowner until full credit has been received. (`78 Code, § 16.25.053.) (Ord. 1944 § 1 (part), 1989.)

(A) An owner of a parcel or parcels within the South Corona area will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected development fees the direct and verifiable costs of installing

sanitary sewer facilities where all of the following conditions are satisfied:

• (1) The owner has constructed a sanitary sewer facility which is identified in the Sewer Plan;

• (2) The city required that the sanitary sewer facility be constructed to contain supplemental size, capacity, number or length for the benefit of property not within the owner’s project;

(3) The city approved, prior to construction, the proposed budget for the project and finds any change to that budget fair and reasonable;

• (4) The sanitary sewer facility has been dedicated to the public.

• (B) The city shall not reimburse the owner for costs related to financing any sewer facility.

(C) An owner shall only be entitled to reimbursement to the extent that any sewer facility benefits property not within the owner’s project. Thus, an owner may receive a development fee credit as provided in § 16.25.053 for the portion of a sewer facility that serves the owner’s project and reimbursement for the oversized or extra capacity or extended portion of a sewer facility that benefits subsequently developed property.

(D) In no event shall an owner receive a development fee credit and/or reimbursement in excess of the city’s most recent estimated cost of constructing the facility, or the portion of the facility actually completed, by contract or by utilizing city forces.

(E) Any reimbursement agreement entered into under this section shall require the city, for a period of up to 20 years, to reimburse the owner from the proceeds of sanitary sewer facilities fees collected from new projects which directly benefit from the facilities which are the subject of the reimbursement agreement. The amount of reimbursement shall include interest at the rate of 90% of the overall interest rate paid on all city funds during the preceding fiscal year. The terms of the reimbursement shall be set forth in the reimbursement agreement. (`78 Code, § 16.25.054.) (Ord. 1944 § 1 (part), 1989.)

The City Council finds as follows.

(A) The proposed subdivision and development of property in South Corona has necessitated compilation and analysis of extensive community information at a significant cost to the City of Corona resulting in the South Corona Community Facilities Plan which was adopted on July 6, 1988.

(B) Implementation of the South Corona Community Facilities Plan has involved substantial effort and cost on the part of the city to the benefit of those landowners seeking to develop property in the South Corona Area.

(C) The actual estimated cost of creation and implementation of the South Corona Community Facilities Plan is $410,144.

(D) Pursuant to Cal. Gov’t Code §§ 66000 et seq. and its police powers, the city is empowered to enact a fee by ordinance for the purpose of paying the actual or estimated cost of establishing a comprehensive Community Facilities Plan.

(E) All properties benefitting from implementation of the Community Facilities Plan should be assessed and pay a fair share of the cost thereof based on the benefit derived therefrom.

(F) The Council also finds that the costs of the Community Facilities Plan are apportioned relative to the anticipated impacts created by development within the South Corona area and that the fees are fairly apportioned throughout those areas on the basis of benefits conferred on property proposed for development or the need for such Community Facilities Plan created by the proposed development.

(G) The facts and evidence presented establish that there is a reasonable relationship between the need for the described Community Facilities Plan and the impacts of the types of development on which the fee will be imposed

and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged.

(H) The Council also finds that the cost estimate set forth herein is a reasonable cost estimate for developing and implementing the Community Facilities Plan, and the fees expected to be generated by new development will not exceed the total of these costs.

(I) The Community Facilities Plan fees collected pursuant to this chapter shall be used only to reimburse the city for costs expended in development and implementation of the Community Facilities Plan. (`78 Code, § 16.25.080.) (Ord. 1944 § 1 (part), 1989.)

Except to the extent that a different timetable for fee payment is established pursuant to Section 16.04.050 of this code, each owner of a lot or parcel of property within the South Corona area shall pay as a condition to the issuance of a building permit a fee to reimburse the city for the development and implementation of the Community Facilities Plan. The fee shall be determined based upon the EDU's to be constructed on the property. (`78 Code, § 16.25.081.) (Ord. 2924 § 5, 2008; Ord. 1944 § 1 (part), 1989.)

The fees generated by this section shall be paid into the city’s General Fund. (`78 Code, § 16.25.082.) (Ord. 1944 § 1 (part), 1989.)

The City Council finds as follows.

(A) The subdivision and development of property within the South Corona area will create the need for a variety of public improvements relating to water treatment, delivery and supply to serve new residents within the South Corona area.

(B) Pursuant to California Constitution Article 11, Section 7, the city is empowered to enact measures which protect the health, safety and welfare of its citizens.

(C) A water facilities study entitled "South Corona Water Facilities Fee Study" and dated May 1, ("Water Facilities Fee Study") has been prepared by city staff. That study describes in detail the public improvements required within the South Corona area to meet water needs, contains an estimate of the total cost of constructing such facilities and contains a map showing their location.

(D) After consideration of the water fees study and testimony at this public hearing, the City Council approves the Water Facilities Fees Study and based thereon finds that new development in the South Corona area will create water supply needs which the construction of the public improvements funded by this chapter will meet.

(E) The Council also finds that the costs of the water facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the South Corona area, and that the fees are fairly apportioned throughout the South Corona area on the basis of benefits conferred on property proposed for development or the need for such facilities created by the proposed development.

(F) The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and

that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the Water Facilities Fees Study.

(G) The Council also finds that the cost estimate set forth in the water facilities fees study is a reasonable cost estimate for constructing the facilities proposed therein, and the fees expected to be generated by new development will not exceed the total of these costs.

(H) The fees collected pursuant to this chapter shall be used only to finance the public facilities described or identified in the Water Facilities Fees Study.

(`78 Code, § 16.25.100.) (Ord. 1944 § 1 (part), 1989.)

(A) Each owner of a lot or parcel of property within the South Corona area shall pay to the city as a condition of the recordation of a final subdivision map or parcel map, or as a condition to the issuance of a building permit, whichever occurs first, for any improvement on land for which no impact fee has been paid as provided by this section, a water facilities fee to fund the cost of designing, constructing and improving water treatment, storage and transmission facilities as identified in the Water Facilities Fee Study.

(B) The amount of the fee shall equal the fair share of the estimated cost of constructing the water facilities described herein and shall be reviewed and determined annually by noncodified ordinance of the City Council. (C) Notwithstanding § 16.25.100(A), to the extent that a parcel or lot otherwise required to pay a fee is located within a community facilities or assessment district for the provision of water facilities funded by this section, the fee required by this chapter shall be proportionately offset according to the policies set forth required by this chapter shall be proportionately offset according to the policies set forth in Resolution 89-24 by the amount paid toward water facilities improvements related to the South Corona area by that district allocable to the parcel or lot owner. (`78 Code, § 16.25.101.) (Ord. 1944 § 1 (part), 1989.)

The fees paid pursuant to § 16.25.101 shall be placed in a special fund which may be further segregated by specific water facility projects. That fund shall be known as the "South Corona Water Facilities Fees Fund." This fund, and interest earned thereon, shall be expended solely for the acquisition of land, if necessary, and the design and construction, or reimbursement for construction, of the facilities shown in the Water Facilities Fees Study. (`78 Code, § 16.25.102.) (Ord. 1944 § 1 (part), 1989.)

(A) The owner of a parcel of property otherwise required to pay a fee under § 16.25.101 shall receive a development fee credit when that owner constructs a water facility, or portion thereof, identified in the Water Facilities Fees Study, regardless of how it may be financed, which serves the owner’s parcel or parcels. The development fee credit shall reduce, on a proportionate basis without interest, the water facilities fee required to be paid under § 16.25.101.

(B) The amount of the development fee credit shall not exceed the city’s most recent estimated cost of constructing the facility, or the portion of the facility actually completed, by contract or utilizing city forces.

(C) The owner of a parcel of property within the South Corona area may further be entitled to a development fee credit where the city determines on a case-by-case basis prior to construction of an improvement that the construction of a major water facility or a portion thereof will be necessary to provide basic service to the entire South Corona area

even though it does not directly serve the owner’s project or is of greater capacity than that required to serve the owner’s project adequately.

(D) The amount of the development fee credit shall be determined after inspection and acceptance of the water facilities at the time of payment of the fee required by § 16.25.101.

(E) If an owner pays the water facilities fee assessed under § 16.25.101 and later elects to accelerate development by constructing water facilities required for the project, the owner may apply for and receive a refund, up to the amount of the water facilities fee required under § 16.25.101, for such facilities after those facilities are certified by the City Engineer as complying with the water facilities plan, city ordinances and applicable law.

(F) To the extent that an owner is granted a development fee credit, such owner shall not be entitled to future reimbursement except as provided in § 16.25.104.

(G) A development fee credit is an obligation of the city that runs with the land and inures to the benefit of each successor-in-interest of the original landowner until full credit has been received.

(`78 Code, § 16.25.103.) (Ord. 1944 § 1 (part), 1989.)

(A) An owner of a parcel or parcels within the South Corona area will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected development fees the direct and verifiable costs of installing public improvements, or portions thereof, identified in the Water Facilities Fee Study where all of the following conditions are satisfied:

(1) The owner has constructed a public improvement, or portion thereof, which is identified in the water facilities fee study;

(2) The city required that the public improvement be constructed to contain supplemental size, capacity, number or length for the benefit of property not within the owner’s project;

(3) The city approved, prior to construction, the proposed budget for the project and finds any change to that budget fair and reasonable;

(4) The public improvement, or portion thereof, has been dedicated to the public.

(B) The city shall not reimburse the owner for costs related to financing any water facility.

(C) An owner shall only be entitled to reimbursement to the extent that any water facility benefits property not within the owner’s project. Thus, an owner may receive a development fee credit as provided in § 16.25.103 for the portion of any water facility that serves the owner’s project and reimbursement for the oversized or extra capacity or extended portion of a water facility that benefits subsequently developed property.

(D) In no event shall an owner receive a development fee and/or reimbursement in excess of the city’s most recent estimated cost of constructing the facility, or the portion of the facility actually completed, by contract or by utilizing city forces.

(E) Any reimbursement agreement entered into under this section shall require the city, for a period of up to 20 years, to reimburse the owner from the proceeds of the water facilities fee collected from new projects which directly benefit from the facilities which are the subject of the reimbursement agreement. The amount of reimbursement shall include interest at the rate of 90% of the overall rate paid on city funds during the preceding fiscal year. The terms of the reimbursement shall be set forth in the reimbursement agreement.

(`78 Code, § 16.25.104.) (Ord. 1944 § 1 (part), 1989.)

The City Council finds as follows.

(A) The subdivision and development of property within the South Corona area will create a need for and will require the construction of landscaped areas within and outside the right-of-way for specific projects.

(B) Pursuant to Cal. Gov’t Code §§ 66000 et seq. and the city’s police powers, the city may impose by ordinance a requirement for the payment of fees to pay for the actual or estimated costs of constructing necessary landscaping improvements.

(C) A landscape study entitled "South Corona Landscape Facilities Fee Study" and dated May 1, 1989 ("Landscape Fee Study") has been prepared by the city staff. That study describes in detail the landscaping needs which are required for the area, contains an estimate of the total cost of landscaping off-site and on-site areas and contains a map of such landscape areas showing their boundaries and the proposed landscape plan.

(D) After considering the Landscape Facilities Fee Study and the testimony received at this public hearing, the Council approves the Landscape Facilities Fee Study and based thereon finds that new development in the South Corona area will create additional landscape impacts and will contribute to the degradation of existing landscaping in the South Corona area.

(E) The Council also finds that costs of the landscaping funded by this chapter are apportioned relative to the anticipated detrimental landscape impact created by improvements within the South Corona area, and that the fees are fairly apportioned throughout the South Corona area on the basis of benefits conferred on property proposed for development or the need for such landscaping created by the proposed development.

(F) The Council also finds that the fee as to any property proposed for subdivision within such a local area represents and does not exceed the fair share of the amount of the total actual or estimated cost of all landscaping within such area as required by Cal. Gov’t Code § 66843(e).

(G) The Council also finds that the facts and evidence presented establish that there is a reasonable relationship between the need for the described public improvements and the impacts of the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the city’s Landscape Facilities Fee Study.

(H) The Council also finds that the cost estimate set forth in the Landscape Facility Fee Study is a reasonable cost estimate for the landscaping proposed therein, and the fees expected to be generated by new development will not exceed the total of these costs.

(I) The landscape fees collected pursuant to this chapter shall be used only to finance the landscaping improvements described or identified in the Landscape Facilities Fee Study. (`78 Code, § 16.25.110.) (Ord. 1944 § 1 (part), 1989.)

(A) Except to the extent that a different timetable for fee payment is established pursuant to Section 16.04.050 of this code, each owner of a lot or parcel of property within the South Corona area shall pay as a condition to the approval of a subdivision a fee to fund landscaping improvements located outside the right-of-way as identified in the Landscape Facilities Fee Study and as a condition to issuance of a building permit a fee to fund landscaping improvements within the subdivision as identified in the Landscape Facilities Fee Study.

(B) The amount of the landscape fee shall equal the fair share of the estimated cost of designing and installing the landscaping described in the Landscape Facilities Fee Study and shall be reviewed and determined annually by noncodified ordinance of the City Council.

(C) Notwithstanding division (A) of this section, to the extent that a parcel or lot otherwise required to pay a landscape fee is located within a community facilities or assessment district for the provision of landscaping funded by this section, the fee required by this chapter shall be proportionately offset according to the policies set forth in

Resolution 89-24 by the amount paid toward landscape improvements related to the South Corona area by that district allocable to the parcel or lot owner.

(`78 Code, § 16.25.111.) (Ord. 2924 § 6, 2008; Ord. 1944 § 1 (part), 1989.)

The fees paid pursuant to § 16.25.111 shall be placed in a special fund which may be further segregated by specific landscape projects. That fund shall be known as the "South Corona Landscaping Fees Fund." This fund, and interest earned thereon, shall be expended solely for the acquisition of land, if necessary, and the design and construction, or reimbursement for construction, of the facilities shown in the Landscape Facilities Fee Study. (`78 Code, § 16.25.112.) (Ord. 1944 § 1 (part), 1989.)

(A) The owner of a parcel of property otherwise required to pay a fee under § 16.25.111 shall receive a development fee credit when that owner designs and installs landscaping identified in the Landscape Facilities Fee Study, regardless of how it may be financed, which serves the owner’s parcel or parcels. The development fee credit shall reduce, on a proportionate basis without interest, the landscaping fee required to be paid under § 16.25.111. (B) The amount of the development fee credit shall not exceed the city’s most current estimated cost of constructing the improvement, or the portion of the improvement actually completed, by contract or utilizing city forces.

(C) The owner of a parcel or property within the South Corona area may be further entitled to a development fee credit where the city determines on a case-by-case basis prior to construction of an improvement that the construction of a major landscaping project or a portion thereof will be necessary to meet the basic needs of the entire South Corona area even though it does not directly serve the owner’s project or is of greater size than that required to meet the needs of the owner’s project adequately.

(D) The amount of the development fee credit shall be determined after inspection and acceptance of the landscape improvement at the time of payment of the fee required by § 16.25.111.

(E) If an owner pays the landscape fee assessed under § 16.25.111 and later elects to accelerate development by constructing landscape facilities required for the project, the owner may apply for and receive a refund, up to the amount of the landscape fee required under § 16.25.111, for such facilities after those facilities are certified by the City Engineer as complying with the Landscape Plan, city ordinances and applicable law.

(F) To the extent that an owner is granted a development fee credit, such owner shall not be entitled to future reimbursement except as provided in § 16.25.114.

(G) A development fee credit is an obligation of the city that runs with the land and inures to the benefit of each successor-in-interest of the original landowner until full credit has been received. (`78 Code, § 16.25.113.) (Ord. 1944 § 1 (part), 1989.)

(A) An owner of a parcel or parcels within the South Corona area will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected development fees the direct and verifiable costs of designing and installing off-site landscaping public improvements identified in the landscaping fee study where all of the following conditions are satisfied:

(1) The owner has constructed a public improvement, or portion thereof, which is identified in the landscaping fee study;

(2) The city required that the public improvement be constructed to contain supplemental size, capacity, number or length for the benefit of property not within the owner’s project;

(3) The city approved, prior to construction, the proposed budget for the project and finds any change to that budget fair and reasonable;

(4) The public improvement, or portion thereof, has been dedicated to the public.

(B) The city shall not reimburse the owner for costs related to financing any landscape improvements.

(C) An owner shall only be entitled to reimbursement to the extent that any landscape project benefits property not within the owner’s project. Thus, an owner may receive a development fee credit as provided in § 16.25.113 for the portion of any landscape improvement that serves the owner’s project and reimbursement for the oversized or extra capacity or extended portion of any landscape improvement that benefits subsequently developed property.

(D) In no event shall an owner receive a development fee credit and/or reimbursement in excess of the city’s most recent estimated cost of constructing the improvement, or the portion of the improvement actually completed, by contract or by utilizing city forces.

(E) Any reimbursement agreement entered into under this section shall require the city, for a period of up to 20 years, to reimburse the owner from the proceeds of the landscaping fee collected from new projects which directly benefit from the improvements which are the subject of the reimbursement agreement. The amount of reimbursement shall include interest at the rate of 90% of the overall interest rate paid on all city funds during the preceding fiscal year. The terms of the reimbursement shall be set forth in the reimbursement agreement. (`78 Code, § 16.25.114.) (Ord. 1944 § 1 (part), 1989.)

As new areas, not presently situated within the city boundaries, seek to annex to the city, the City Council shall determine the benefit to such land areas of the infrastructure and services funded by this chapter, and the City Council may impose development fees, in whole or in part, as established by this chapter, upon such annexed areas as a condition of annexation and development to assure that such additional areas pay their fair share of the actual costs of all necessary infrastructure and services benefitting their projects. (`78 Code, § 16.25.130.) (Ord. 2388 § 10, 1999.)

(A) The City Council is empowered to grant deferrals or waivers of any fee imposed by this chapter upon request, after notice and hearing, if in the opinion of the City Council, properly supported by specific findings, deferral would allow a better or more fair financing arrangement to be developed and imposed, or where waiver is required because imposition of such fee or fees would cause undue hardship.

(B) Findings must include facts supporting deferral or waiver, including, without limitation, findings that in the case of deferral:

(1) Other properties to be benefitted by any fee will not be burdened by the review and delay in fee imposition;

(2) Alternative financing methods involving more than one owner have been proposed for review; and

(3) Delay will result in a more fair funding arrangement; and, in the case of waiver the owner will receive little or no benefit from the fee imposed and would therefore be required, if the fee were imposed, to pay more than his or her fair share for the benefit received.

(`78 Code, § 16.25.140.) (Ord. 2388 § 10, 1999; Ord. 1988 § 2, 1990; Ord. 1944 § 1 (part), 1989.)

Appendix A South Corona Benefit Area Map.

[Click here to view map in PDF format.] (Ord. 2552 § 4, 2001.)

CHAPTER 16.26 EXACTIONS FOR INTERIM SCHOOL FACILITIES PURSUANT TO ‘SB 201'