Dana Point Municipal Code Ch. 14.30 Lantern District Development Impact Fee

The City Council finds that the purpose of the development impact fee is to defray a portion of the cost of new public facilities related to the development project known as the Dana Point Town Center (Lantern District) as outlined in the General Plan and the Town Center Plan of the City of Dana Point.

(Added by Ord. 14-03, 4/15/14; amended byOrd. 24-06, 7/2/2024)

The fee will be used to comply with the Town Center Plan and with the General Plan as outlined in the Urban Design Element and Economic Development Sections to improve the facilities and standard of services provided in the Town Center, renamed the Lantern District, with the same boundary. The City shall establish a Lantern District development impact fee account to collect revenues and interest-earned thereon as development occurs and reimburse the General Fund annually solely for public facility and service expenditures.

(Added by Ord. 14-03, 4/15/14; amended byOrd. 24-06, 7/2/2024)

The Lantern District development impact fee is hereby established and imposed upon the issuance of all building permits for commercial, retail and residential development within the Town Center Plan Area, now known as the Lantern District. This fee shall be calculated to reflect the developments' fair share cost of mitigating the increased demand such development places upon the Lantern District. The City Council shall set forth the specific amount of the Lantern District development impact fee.

(Added by Ord. 14-03, 4/15/14; amended byOrd. 24-06, 7/2/2024)

The Lantern District development impact fee shall annually be adjusted and become effective each January 1st by the greater of two percent or the Cumulative Percentage Increase in the Consumer Price Index for All Urban Consumers ("CPI-U") for the Los Angeles-Riverside-Orange County California Standard Metropolitan Statistical Area ("Index") published by the Bureau of Labor Statistics of the United States Department of Labor. The Index used each year will be as reported for the month of June preceding the particular January 1st effective date. The City Council may also adjust such fee when it finds that the cost of acquiring and/or construction of new public facilities or services within the Lantern District has increased in excess of the Consumer Price Index.

(Added by Ord. 14-03, 4/15/14; amended byOrd. 24-06, 7/2/2024)

A building permit applicant may appeal the imposition of the Lantern District development impact fee on its development by submitting a written appeal to the Director of Community Development or the Director's designee. The Director shall review the appeal and rule thereon within 30 calendar days of receipt of the appeal. The applicant shall show that its development is not the type of project that will add any additional business customers, or residents visitors at the property, or create additional use or demand upon public facilities. Substantially upgrading existing facilities to attract customers is considered an impact, subject to the fee. Any determination of the Director or the Director's designee may be appealed to the City Council in writing within 10 calendar days of the Director's decision. The City Council shall have 45 days to render a decision on an appeal. Building permit approvals shall be held in abeyance during the appeal process.

(Added by Ord. 14-03, 4/15/14; amended byOrd. 24-06, 7/2/2024)