Ione Municipal Code Ch. 3.18 Development Impact Fees

In order to implement the goals and objectives of the Ione General Plan and to mitigate the impacts on public facilities caused by new development and expansion of existing development such as traffic impacts, stormwater runoff, treatment of effluent, park and recreation, and public safety, all in the city of Ione and the surrounding sphere of influence as determined by the city from time to time, certain public roads, streets, highways, bypasses, storm drains, sewage and wastewater treatment facilities, police and fire public service improvements, and park and recreation facilities must be or had to be constructed. The city council has determined that development impact fees are needed to finance these public facilities and to pay for the new development and expansion of existing development's fair share of the construction costs of these public facilities (as defined by Section 66000 et seq. of the Government Code). In establishing this enabling legislation to authorize the establishment, increase or imposition of development impact fees for public improvements, services, or community amenities to be collected from applicants for approval of development projects, the city council has found the use of development fees to be consistent with its General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of such fees with respect to the city's housing needs as established in the Housing Element of the General Plan.

(Ord. 303 §2, 1990).

The enabling ordinance codified in this chapter authorizes the imposition of fees for public facilities as described in Chapter 3 of Division 1 of Title 7 (Section 66000 et seq.) of the Government Code such as, but not limited to, public buildings, facilities for treatment of sewage, facilities for stormwaters and flood control purposes, transportation facilities (including but not limited to streets and supporting improvements, roads, overpasses, bridges), park and recreational facilities, and any other capital project identified in a capital facilities plan adopted pursuant to Section 66002. Each type of fee authorized herein shall be the subject of a resolution of the city council which shall set forth the amount of the fee and the purpose, type or use of fee. Each such fee resolution shall provide for the time for payment of fees, but in no event shall the fee be paid later than the issuance of a building permit. It is the intent of this chapter that the necessity for the public facilities identified to be constructed, remodeled, upgraded, replaced with development impact fees should be considered annually by the city council, or as a preferred alternative, included in a capital improvement plan considered by the city council as part of its review of the annual municipal budget

(Ord. 303 §3, 1990).

The revenues raised by payment of development impact fees shall be placed in a separate account along with any interest earnings on that account, and shall be used solely to:

A. Pay for the city's future construction or purchase of facilities authorized by the city council pursuant to the enabling ordinance codified in this chapter and subsequent fee resolutions, and the capital improvement plan; or

B. Reimburse the city for approved facilities constructed by the city with funds advanced by the city from other sources; or

C. Reimburse developers who have been required or permitted to install facilities included in city's capital improvement plan which are oversized with supplemental size, length or capacity beyond the size of the needed facility or the burdens created by the development.

(Ord. 303 §4, 1990).

A. Development impact fees charged in connection with approval of development projects to defray costs of public facilities is defined herein. This chapter does not apply to:

1. Regulatory and processing fees;

2. Fees collected pursuant to a development agreement;

3. Fees collected pursuant to a reimbursement agreement that exceed the developer's share of an improvement;

4. Assessment district proceedings or taxes;

5. Monthly service charges for utility services such as sewer.

B. This chapter is intended to apply to parks and recreation facilities as provided by Section 66002 of the Government Code. Section 66000(b) of the Government Code defines development impact "fee" as not including fees specified in Section 66477. However, Section 66477 (Quimby Act) specifically authorizes a city council to adopt an ordinance which requires the dedication of land or to impose a requirement of the payment of fees in lieu thereof, or a combination of both, for parks and recreational purposes as a condition to the approval of a tentative map or parcel map. It is the purpose and intent of this chapter to serve as enabling legislation pursuant to both Sections 66477 and 66000 et seq. of the Government Code for the inclusion of park and recreation facilities in capital improvement plans and to assess fees on new development and existing development which is expanding to provide revenue for constructing new or rehabilitating existing park or recreational facilities, all as defined and provided for by this chapter.

(Ord. 303 §5, 1990).

A developer of any project subject to a development impact fee assessed pursuant to the implementing ordinance codified in this chapter may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the nature/type of impacts of that 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 not later than (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, 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, reduction, or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. 303 §6, 1990).