El Monte Municipal Code Ch. 15.08 Public Facilities Impact Fees

A. Except as otherwise provided under this chapter, the approval by the city of a "development project," as said term is defined under Section 66000(a) of the California Government Code, shall be subject to the imposition of one or more of the fees, as applicable under subsection C, below, as a condition of approval of such development project by the city. For purposes of this chapter, the term "development project" also means:

1. Any substantial improvement, alteration, renovation and/or expansion of any existing structure or improvement in the event that such improvement or expansion adds more than fifty (50) percent of structural area to an existing single or multifamily residential unit or adds more than one hundred (100) square feet of area to any other type of existing building use; or

2. Any improvement, alteration and/or renovation of an existing structure or improvement which results in a net increase in the number of units within the structure or improvement; or which results in a substantial intensification of the use of the structure or improvement.

B. The specific amount of each variety of public facilities impact fees authorized under this chapter shall be established and from time to time adjusted by resolution of the El Monte City Council in accordance with applicable law. Fee amounts established by resolution may be automatically adjusted each year by an amount not exceeding seventy-five (75) percent of the annual percentage change in the consumer price index for the Los Angeles-Long Beach statistical area. The foregoing notwithstanding, fees established by resolution may not be automatically adjusted for a period exceeding five (5) consecutive years from the effective date of the resolution establishing such fees. Prior to the conclusion of such five-year period, the city shall be required to commission, consider and approve an updated fee study and adopt fees in accordance with the findings of the updated study.

C. The public facilities impact fees authorized under this chapter include for the enhancement, expansion and/or improvement of:

1. Sewer facilities;

2. Storm drain facilities;

3. Traffic signals;

4. Street and transportation facilities.

D. Fees established pursuant to this chapter are in addition to, and not in substitution of, any other required fees and/or charges relative to development of a subject property and shall be for the purpose of enhancing, expanding and/or improving those public facilities set forth under subsection C, above, so as to mitigate impacts upon the level and/or quality of service by new development within the city.

E. No building permit shall be issued for any development project unless and until any and all fees authorized under this chapter and required by resolution have been paid in full to the city, or paid subject to a fee waiver pursuant to subsection F of Section 15.08.010 has been issued.

F. An applicant for any "development project," subject to the fee described in Section 15.08.010(A) may apply to the Public Works Director for a waiver of the fee, based upon the absence of any impact of that development on city facilities and services. The application shall be made in writing and filed with the Public Works Director prior to the issuance of a building permit authorizing construction of the project that is subject to the fee. The application shall state completely and in detail the applicant's factual basis, supported by studies or reports for a fee waiver.

1. The applicant may elect to pay the full fee under protest at the time of the submittal of the fee waiver application in order to obtain a building permit in advance of the determination of the fee waiver application. If the full fee is paid under protest and the application is subsequently granted, then the applicant shall receive a refund in the amount of the fee paid.

2. The Public Works Director shall consider the application and respond in writing setting forth the reasons for approval, denial, or request for additional information within sixty (60) days. The decision of the Public Works Director is appealable pursuant to subsection G of Section 15.08.010.

3. The application process under this section is limited in scope to applications for fee waivers based on the absence of any impact of development on city facilities and services. The application process for a development fee waiver under the specific facts of a particular development project site pursuant to this section is not applicable to a fee protest under Government Code Section 66020 et seq.

4. If a waiver is granted under this section, any change in the development project following the time of approval of the fee waiver shall invalidate the fee waiver.

5. Before accepting an application for filing, the Public Works Department shall collect an application processing and review fee for the purpose of defraying the expenditures incidental to the proceedings prescribed in this chapter. The amount of the fees collected shall be in accordance with the fee schedule of the city.

G. A decision of the Public Works Director with respect to an application for a fee waiver shall be appealable in accordance with this subsection. A person seeking judicial review of a decision shall first complete an appeal under this subsection.

1. Any person wishing to appeal a decision of the Public Works Director shall file an appeal to the City Council in writing with the City Clerk not later than ten (10) days from the date of the Public Works Director's written decision is delivered to the applicant. The written appeal shall state completely and in detail the factual grounds for the appeal.

2. The City Council shall consider the appeal at a regular or special meeting of the City Council within sixty (60) days after filing of the appeal of the Public Works Director's determination.

3. The decision of the City Council shall be final.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. Upon receipt of any public facilities impact fees, the city shall deposit, invest, account for and expend said fees in accordance with Government Code Section 66006. The Deputy City Manager for Administrative Services is authorized and directed to establish such accounts as may be necessary or appropriate to comply with applicable law concerning the fees as collected under this chapter.

B. The Deputy City Manager for Community Development in consultation with the City Engineer and the Deputy City Manager for Administrative Services shall prepare each year a report which identifies the sums on deposit in the funds established by this section and identifies the purpose for which the balance of each such fund is proposed to be sued and verify that a reasonable relationship continues to exist between the amount of the funds as accumulated and the purpose for which they are charged. The report shall be due no later than September 1st of each calendar year.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)