§ 110.28

The ordinance codified in this chapter is enacted under the authority of Article 11, Section 7 of the California Constitution and the Mitigation Fee Act (California Government Code Title 7, Division 1, Chapters 5 through 9, Sections 66000 through 66025).

(Ord. No. 2025-07, § 1(Exh. A), 8-13-2025)

(a)

Development projects impose increased demands on public facilities. It is intended that every person who undertakes a development project in the city pay development impact fees established pursuant to this chapter to ensure that the owners of development projects contribute to the proportionate share of the cost of public facilities needed as a result of development projects. The purpose of this chapter is to provide the

parameters by which the city shall administer those development impact fees established by the city council.

(b)

Except as specifically provided herein, the development impact fees established under this chapter are in addition to (and do not replace) any separate obligations imposed as subdivision map exactions or other measures and exactions required to mitigate site-specific impacts of a development project; other regulatory, development and processing fees; school impact fees; utility demand fees and connection charges; funding required pursuant to a development agreement; funds collected pursuant to a reimbursement agreement for amounts that may separately benefit the development project; assessment district proceedings; benefit assessments; or other required property taxes or fees.

(Ord. No. 2025-07, § 1(Exh. A), 8-13-2025)

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Development impact fee means a monetary exaction other than a tax or special assessment that is charged to an owner in connection with approval of a development project for the purpose of defraying all or a portion of the proportionate cost of the public facilities related to the development project. Provided, however, a "Development Impact Fee" shall not include any city charge that is outside the definition of "fee" under Government Code Section 66000(a).

Development project means any project undertaken for the purpose of development of property that increases demands or impacts on any public facilities, including a project involving the issuance of a permit for new construction or reconstruction of an existing structure that increases demands or impacts on public facilities.

Mitigation Fee Act means California Government Code Title 7, Division 1, Chapters 5 through 9, including Sections 66000 through 66025.

Owner means the legal owner(s) of real property upon which a development project is proposed. An owner may provide to the city a written delegation of authority for an authorized representative(s) to act on the owner's behalf in accordance with the requirements of this chapter. To the extent an owner delegates authority to a "representative" or "developer" or "applicant" to pay fees on behalf of the owner, the owner shall be jointly and severally liable for payment of required fees.

Public facilities means any public improvement, public services, or community amenities (as defined by Government Code Section 66000(d)) to the extent those facilities are funded by development impact fees in accordance with this chapter. Public facilities shall specifically include any "Capital Improvement" identified in a capital improvement plan adopted in accordance with Government Code Section 66016.5, and the costs of public facilities funded in all or in part by development impact fees shall include acquisition of land, design, construction management, construction, equipping and installing, and related costs such as administration, financing, and legal services.

(Ord. No. 2025-07, § 1(Exh. A), 8-13-2025)

Sec. 110.28.040. - Establishment of development impact fees.

The city council may establish development impact fees by resolution conforming to the requirements of the Mitigation Fee Act and this chapter.

(Ord. No. 2025-07, § 1(Exh. A), 8-13-2025)

Sec. 110.28.050. - Payment of development impact fees.

(a)

Amount. The amount of development impact fees to be paid for each development project shall be the amount of the fee in effect at the time a building permit is issued, unless otherwise required by State law, including limitations imposed by Government Code Section 66007.

(b)

Timing. The fee for each lot within a development project shall be paid in-full prior to issuance of a building permit, unless otherwise required by State law, including limitations imposed by Government Code Section 66007. If the development impact fees for a development project are not paid in full prior to the issuance of a building permit for any portion of the project, the city may require the owner to execute a contract to pay the development impact fees as a condition of issuance of the building permit. Any such contract shall require the development impact fees to be paid no later than the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, and the contract may include payment on a pro rata or lump-sum basis, in accordance with Government Code Section 66007. The city manager or their designee is authorized execute such contracts. For any owner that owes a development impact fee for a development project, if the fee is not paid prior to the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, the owner shall pay the required fee no later than 30 days after written demand from the city.

(c)

Exceptions. The following types of development projects are not subject to development impact fees (in whole or in part):

(1)

Reconstruction of a structure damaged or destroyed by fire or other natural causes; provided that this exception is limited to the portion of the reconstructed structure that does not increase the demand or impacts on public facilities, as compared to the demand or impacts from the structure on the property as it existed prior to being damaged or destroyed.

(2)

Rehabilitation or remodeling of an existing residential structure; provided that this exception is limited to the portion of the rehabilitated or remodeled structure that does not increase the demand or impacts on public facilities, as compared to the demand or impacts from the structure on the property as it existed (prior to

being rehabilitated or remodeled) at the time the city last updated a nexus study for the relevant public facilities.

(3)

Rehabilitation or remodeling of an existing non-residential structure; provided that this exception is limited to the portion of the rehabilitated or remodeled structure that does not increase the demand or impacts on public facilities, as compared to the demand or impacts from the structure on the property as it existed (prior to being rehabilitated or remodeled) at the time the city last updated a nexus study for the relevant public facilities.

(d)

Fee protest. The owner may protest the imposition of development impact fees on the development project in compliance with the procedure provided in Government Code Section 66020. The city shall promptly schedule the protest for consideration by the city council, with a goal of considering the protest within 60 days after the filing of the protest, unless the city and owner agree to a longer amount of time. The decision of the city council shall be final.

(e)

Refund. To the extent an owner pays a development impact fee for a development project prior to issuance of a building permit, and if the building permit expires without commencement of construction of the permitted building, the owner may submit a written request for a refund in accordance with this subsection. Any owner who submits a timely written request for refund in accordance with this subsection shall be entitled to a refund, without interest, of the development impact fees paid, if any, for the development project, except that the city may retain an administrative fee, in an amount established by resolution of the city council, to offset the city's costs of processing the requested refund. The owner must submit a written request for a refund to the city manager within 30 calendar days of the expiration of the building permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.

(Ord. No. 2025-07, § 1(Exh. A), 8-13-2025)

The city shall establish separate accounts for each category of development impact fee established by the city council and deposit development impact fees collected into the appropriate account. The money deposited into these accounts, and any interest earnings thereon, shall be used solely for the public facilities for which the development impact fees were imposed. Development 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 public facilities.

(Ord. No. 2025-07, § 1(Exh. A), 8-13-2025)

Sec. 110.28.070. - Credits and reimbursements.

(a)

Credits. An owner who constructs public facilities may receive a credit against the corresponding development impact fee otherwise owed for the development project only if the owner submits a timely written request and obtains approval from the city through a credit agreement. The owner shall submit a written request for any such credit concurrently with submitting improvement plans for the public facilities. The owner and the city must enter into a credit agreement prior to the issuance of a building permit for the development project for the owner to receive a credit against the applicable development impact fees. Failure to enter into a credit agreement prior to the issuance of a building permit shall be deemed a waiver of any request or claim for credit. The agreement must estimate the cost of constructing the public facilities, the schedule for the completion of the public facilities, a requirement that the public facilities be constructed to city standards, and such other terms and conditions as deemed necessary by the city.

(b)

Reimbursements. If an owner constructs a public facility the city may reimburse the owner for the costs of the public facility in excess of what is needed to provide services to or mitigate the impacts of the development project only if the owner submits a timely written request and obtains approval from the city through a reimbursement agreement. The owner shall submit a written request for any such reimbursement concurrently with submitting improvement plans for the public facilities. The owner and the city must enter into a reimbursement agreement prior to the issuance of a building permit for the development project for the owner to receive a reimbursement. Reimbursement will be made only after the city has accepted the public facilities as complete. The city shall not reimburse an owner out of the city's general fund or any other city funds other than the subject development impact fee fund.

(c)

Maximum credit and reimbursement. Any credit agreement or reimbursement agreement that implements this section shall document the maximum amount of credit and/or reimbursement available to the owner which shall not exceed the city's reasonable estimate of the city's cost of providing the public facilities.

(d)

Credit and reimbursement policy. The city council may, from time to time, adopt by resolution a development impact fee credit and reimbursement policy implementing the provisions of this section.

(e)

Execution of agreements. The city manager may approve and sign any agreements authorized by subsections (a) through (c) of this section, provided the agreement is consistent with this section any policy adopted by the city council pursuant to subsection (d) of this section.

(Ord. No. 2025-07, § 1(Exh. A), 8-13-2025)

CHAPTER 110.32. - RESERVED[[16]]

Footnotes:

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Editor's note— Ord. No. 21-06, § 1, adopted August 25, 2021, repealed ch. 110, §§ 110.32.010— 110.32.140, which pertained to single-family rental property registration, inspection and crime-free rental

housing program and derived from Ord. No. 2013-13, § 2, adopted October 23, 2013; Ord. No. 2020-01, § 1, adopted Feb. 26, 2020.