El Centro Municipal Code Art. V Development Impact Fee

Footnotes:

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Cross reference— Buildings and construction regulations, Ch. 7; subdivision regulations, Ch. 24.

In order to implement the goals and objectives of the general plan of the City of El Centro's general plan, and to mitigate the impacts caused by new development in the city, certain public improvements (collectively referred herein as "public facilities," "infrastructure" or "improvements") must be or had to be constructed. The city council has determined a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described in the following sections, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. No. 89-13, § 1)

A development impact fee is hereby established in issuance of all building permits for development in the city, to pay for municipally owned public facilities, including, but not limited to, library, police department, fire department, streets, and other city-owned public facilities (e.g., city hall, city yard, city parking lots). The city council shall, in a council resolution, set forth the specific amount of the fee, describe the development for which facilities are needed, list the specific public improvements required to accommodate said development, set forth the estimated cost of the improvements, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

(Ord. No. 89-13, § 1; Ord. No. 08-19, § 1, 2-4-09)

As described in the fee resolution, and except as otherwise provided by this section or by law, the development fee established pursuant to section 20-102 shall be paid by each developer prior to issuance of a building permit. Upon request, the developer may enter into an agreement with the city which is recordable, is binding on successors in interest, and is approved by resolution of the city council to pay the fee with interest at the prime rate as published in the Wall Street Journal plus two (2) percent over a one-year period; provided that the fee to be paid is nine thousand dollars ($9,000.00) or more. The city council may authorize the city manager and/or director of administrative services to execute any agreements or other document for, and on behalf of the city, which agreements or documents shall be approved as to form by the city attorney. No building permits shall be issued until such fee is paid in full or until the developer enters into an approved agreement to pay the fee over a one-year period as provided in this section.

(Ord. No. 89-13, § 1; Ord. No. 97-10, § 1)

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

(1) Pay for the city's future construction of facilities listed in the resolution enacted pursuant to section 20-102 above, or to reimburse the city for such listed facilities already constructed by the city with funds from other sources; or

(2) Reimburse developers who have been required or permitted by section 20-105 below, to install such listed facilities which are oversized with supplemental size, length, or capacity.

(Ord. No. 89-13, § 1)

Whenever a developer is required, as a condition of development, to construct a public facility listed pursuant to section 20-102 which facility has supplement size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee otherwise levied by this article on the development project shall be offered. Such agreement may arise, for example, as to the value of park land dedicated pursuant to article V of chapter 24 of the City Code of the City of El Centro (commencing at section 24-45).

(Ord. No. 89-13, § 1; Ord. No. 24-03, § 14, 9-17-24)

A developer of any project subject to the fee described in section 20-102 may apply to the city council for a reduction of adjustment to said fee based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver or reduction. The city council shall consider the application within sixty (60) days after the filing of the fee adjustment application. The decision of the city council shall be final. If a reduction or waiver is granted, any change in use within the project shall subject the development to payment of the fee.

(Ord. No. 89-13, § 1)