Jurupa Valley Municipal Code Ch. 3.75 Development Impact Fee

Footnotes:

--- (10) ---

Editor's note— Ord. No. 2021-02, § 1, adopted February 4, 2021, amended Chapter 3.75 in its entirety to read as herein set out. Former Chapter 3.75, §§ 3.75.010—3.75.200, pertained to similar subject matter, and derived from original Code material and Ord. No. 2021-03, adopted February 4, 2021.

This chapter shall be known as the "Development Impact Fee ("DIF") Ordinance."

(Ord. No. 2021-02, § 1, 2-4-2021)

The City Council, having reviewed and considered the report entitled "Development Impact Fee Calculation and Nexus Report for the City of Jurupa Valley" approved by the City Council on January 21, 2021" ("Nexus Report") and the "Master Facilities Plan" referenced therein and approved by the City Council, finds and determines that:

(1) In order to effectively implement the Jurupa Valley General Plan, manage new residential, commercial, and industrial development, and address impacts caused by such development, certain public facilities must be constructed or acquired, and public equipment must be acquired.

(2) In order for the city to construct or acquire public facilities and acquire public equipment, it is necessary to require that all new development bear its fair share cost of providing the facilities and equipment reasonably needed to serve that development.

(3) Development impact fees ("DIF") are created for that purpose.

(4) As indicated in the Nexus Report, the DIF do not reflect the entire cost of the public facilities and equipment needed in order to effectively meet the needs created by new development. Additional revenues will be required from other sources. The City Council finds that the benefit to each development project is greater than the amount of the DIF to be paid by that project.

(5) Payment of the DIF does not necessarily mitigate to a level of insignificance all impacts from new development. Whether impacts associated with a particular development project have been mitigated to a level of insignificance will be determined by the city on a case by case basis.

(6) The public facilities and equipment described in the Nexus Report and Master Facilities Plan include data compiled from information provided by various city departments based on the anticipated needs of the city due to future development based on the City's General Plan.

(7) The DIF collected pursuant to this chapter shall be used toward the construction and acquisition of public facilities and equipment identified in the Nexus Report and Master Facilities Plan. The need for the public facilities and equipment is related to new residential, commercial, and industrial development because such new development will bring additional people and other uses into the city thus creating an increased demand for the public facilities and equipment.

(8) The cost estimates set forth in the Nexus Report and the Master Facilities Plan are reasonable cost estimates for the public facilities and equipment and that portion of the DIF expected to be generated by new development will not exceed the total fair share of these costs.

(9) Failure to mitigate growth impacts on public facilities and equipment within the city will place residents in a condition perilous to their health, safety and welfare.

(10) There is a reasonable relationship between the use of the DIF and the type of development projects on which the DIF is imposed because the DIF will be used to construct the public facilities and equipment, and the facilities, and the public facilities and equipment are necessary for the health and welfare of the residential, commercial, and industrial users of the development projects on which the DIF will be levied.

(11) There is a reasonable relationship between the need for the public facilities and equipment and the type of development project on which the DIF is imposed because it will be necessary for the residential, commercial, and industrial users of the development projects to have access to the public facilities and equipment in order to use, inhabit, and have access to the development projects. New development will benefit from the facilities and equipment to be funded with DIF and the burden of such new development will be mitigated in part by the payment of the DIF.

(12) This chapter is for the purpose of promoting public health, safety, comfort, and welfare and adopts means which are appropriate to attaining those ends.

(Ord. No. 2021-02, § 1, 2-4-2021)

This chapter is established under the authority of Article 11, Section 7 of the California Constitution and California Government Code Title 7, Division 1, Chapter 5, Section 66000 et seq., which provides that a local agency may establish fees for the purpose of defraying all or a portion of the cost of public facilities related to development projects.

(Ord. No. 2021-02, § 1, 2-4-2021)

This chapter serves the following purposes:

(1) It establishes and sets forth policies, regulations, and fees relating to the funding and installation of the public facilities and equipment necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this chapter.

(2) It establishes the authorized uses of the DIF collected.

(Ord. No. 2021-02, § 1, 2-4-2021)

The City Manager shall be responsible for the administration of this chapter. The City Council is authorized to adopt a resolution establishing Administrative procedures for the implementation of this chapter.

(Ord. No. 2021-02, § 1, 2-4-2021)

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 or where the meaning is amended by resolution of the City Council:

Accessory dwelling unit or ADU means an accessory dwelling unit as defined by California Government Code Section 65852.2(j)(1), or as defined in any successor statute.

Attached dwelling means apartments, townhomes, condominiums or any other living unit that is physically contiguous to (i.e., attached to) any other residential unit and corresponds to an allowable use within the city's land use designations of medium-high density (MHDR), high density residential (HDR), very high density (VHDR), and highest density residential (HHDR).

Business park use means research and development activities, warehousing and distribution, light manufacturing/assembly, repair and corporate offices when used in conjunction with other business park uses. These uses correspond to the city's land use designations of business park (BP) and technology and innovation (LI).

Certificate of occupancy means a certificate of occupancy as defined by Chapter 8.05 or state law.

City means the City of Jurupa Valley.

City Manager means the City Manager of the city or his or her designee.

Credit means a credit allowed pursuant to Section 3.75.140 which may be applied against the DIF.

Commercial and industrial use means business park use, industrial use, and retail/service/office use.

Commercial lodging (keyed) unit means each room in a hotel, motel, inn or other temporary lodging use that has a separate key or keycard and corresponds to the city's land use designation of commercial tourist (CT), and possibly a specific plan (SP), and within other areas acceptable for this type of hospitality development.

Development agreement means an agreement entered into between the city and an owner of real property pursuant to California Government Code Section 65864 et seq.

Development impact fees, DIF or fees means the fees imposed pursuant to the provisions of this chapter.

Development project or project means any project undertaken for the purpose of development including the issuance of a permit for construction pursuant to Chapter 8.05.

DIF program means the process of collecting and expending development impact fees.

Facilities and equipment means the public facilities and equipment financed by the DIF program and includes all of the facilities set forth in the Nexus Report and the Master Facilities Plan and any subsequently revisions thereof approved by resolution of the City Council, including the land and right-of-way required for the facilities.

Final inspection means a final inspection as defined by Chapter 8.05.

Industrial uses means all businesses engaged in heavy industrial or more intense manufacturing in the heavy industrial (Hl) zones.

Low density detached dwelling means a detached residential unit and corresponds to an allowable use within the city's land use designations of small farm (RR), ranch (EDR), rural community-low (RC-LDR), rural neighborhood (VLDR) and county neighborhood (LDR).

Master Facilities Plan means the list of needed public facilities referenced in the Nexus Report and approved by the City Council.

Medium density detached dwelling means a detached residential unit and corresponds to an allowable use within the city's land use designations of medium density residential (MDR) and construction of detached medium-high density (MHDR) and high density residential (HDR).

Mobile home dwelling units means mobile home dwelling units in a mobile unit setting. These units correspond to an allowable use within the city's land use designations of very high density residential density. A manufactured dwelling unit outside of a mobile home park-like setting would be considered either a low density detached dwelling or a medium density detached dwelling depending on the city's land use designation.

Nexus Report means the "Development Impact Fee Calculation and Nexus Report for the City of Jurupa Valley" and the "Master Facilities Plan" approved by the City Council on January 21, 2021.

Primary dwelling unit means the existing or proposed single-family dwelling or multi-family dwelling on the lot where an ADU would be located.

Residential dwelling means low density detached dwellings, medium density detached dwellings, attached dwellings and mobile home dwelling units.

Retail/service/office use means general type of commercial services ranging from neighborhood, local and regional shopping outlets. These uses correspond with the city's land use designation of commercial retail (CR), commercial neighborhood (CN) and commercial office (CO).

Revenue or revenues means any funds received by the city pursuant to the provisions of this chapter for the purpose of defraying all or a portion of the cost of the facilities set forth in the public facilities needs report, purchasing regional parkland, and preserving habitat and open space.

(Ord. No. 2021-02, § 1, 2-4-2021; Ord. No. 2022-08, § 2, 6-2-2022)

In order to assist in providing revenue to acquire or construct the public facilities and equipment set forth in the Nexus Report and to fulfill the purposes of this chapter there is hereby established development impact fees be paid for each development project or a portion thereof to be constructed in the city. The amount of the DIF, the description of the facilities and equipment to be financed by DIF, definitions of terms necessary to implement the DIF, and such other regulations as may be necessary or convenient to implement and administer the DIF to be imposed pursuant to this chapter shall be established by resolution of the city council.

(Ord. No. 2021-02, § 1, 2-4-2021)

Editor's note— Ord. No. 2022-08, § 3, adopted June 2, 2022, repealed § 3.75.080, which pertained to imposition of DIF and derived from Ord. No. 2021-02, adopted February 4, 2021.

The DIF established by this chapter shall supersede and replace those DIF previously established and shall apply to the issuance of any development permit or entitlement made on and after the date that the ordinance from which this chapter is derived takes effect.

(Ord. No. 2021-02, § 1, 2-4-2021)

DIF shall be paid as follows:

(1) For commercial lodging (keyed) units and commercial and industrial uses, DIF shall be paid prior to the issuance of a building permit.

(2) DIFs shall be assessed one (1) time per lot or parcel except in cases of changes in land use. DIF for changes in land use shall be reduced by the amount of any previously paid DIF for that property. It shall be the responsibility of the applicant to provide documentation of any previously paid DIF.

(3) The DIF required to be paid shall be the fee amounts in effect at the time of payment.

(4) There shall be no deferment of the DIF beyond final inspection or issuance of certificate(s) of occupancy, except as provided by law.

(5) Notwithstanding any other written requirements to the contrary, the DIF shall be paid whether or not the development project is subject to city conditions of approval imposing the requirement to pay the DIF.

(6) If all or part of the development project is sold prior to payment of the DIF, the property shall continue to be subject to the requirement for payment of the DIF as provided herein.

(7) For development projects which the city does not require a final inspection or issue a certificate of occupancy, the DIF shall be paid prior to any use or occupancy.

(8) DIFs for residential dwellings shall be due and payable in accordance with California Government Code Section 66007, upon the issuance of a building permit; provided, however, that the DIFs imposed may be deferred until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, pursuant to a written agreement, entered into and recorded in accordance with California Government Code Section 66007(c).

(Ord. No. 2021-02, § 1, 2-4-2021; Ord. No. 2022-08, § 4, 6-2-2022)

A. Development impact fees for commercial and industrial uses shall be computed on the basis of the square footage of building area, subject to modification by resolution of the City Council. The building area shall be determined or verified by city staff based upon the applicant's site plan as submitted to the city.

B. Development impact fees for residential dwellings shall be computed based on a per dwelling unit basis, subject to modification by resolution of the City Council.

C. Development impact fees for commercial lodging (keyed) units shall be based on a per unit basis, subject to modification by resolution of the City Council.

D. Development impact fees for mixed use developments shall be based upon the combination of the above land-use development impact fees. As an example, for a mixed use development consisting of commercial retail (CR) and very high density residential (VHDR) project, the DIF would consist of the combination of the number of square feet of commercial retail/service/office and the number of attached dwellings included in the mix-use.

(Ord. No. 2021-02, § 1, 2-4-2021; Ord. No. 2022-08, § 5, 6-2-2022)

If an owner or developer of real property dedicates land or constructs facilities identified in the public facilities needs list, the city may grant the owner or developer a credit in one (1) or more of the fee components described in this chapter against the development impact fees required. No credit shall be granted for the cost of improvements not defined herein as "facilities" in the Nexus Report. A credit granted at the time of development approval shall be included as a condition of that approval and may be included as a term in a development agreement for the project. After development approval, but before the issuance of a building permit, an owner or developer may request a credit from the City Manager. If the City Manager determines that a credit is appropriate, the owner or developer shall enter into a credit agreement which shall be approved by the City Council. The credit amount shall be initially calculated by estimating the fair market value of the land dedicated or by estimating the cost of constructing facilities. The city shall subsequently review and determine the actual value of the land dedicated and the actual construction costs allowable. Any credit granted shall not exceed the allocated cost for the facilities. Any credit granted shall be given in stated dollar amounts only.

(Ord. No. 2021-02, § 1, 2-4-2021)

The following types of construction shall be exempt from the provisions of this chapter:

(1) Reconstruction of a residential dwelling, commercial or industrial use, or commercial lodging (keyed) units damaged or destroyed by fire or natural causes;

(2) Rehabilitation or remodeling of an existing residential dwelling, commercial or industrial use;

(3) Additions to an existing single family residence;

(4) The location or installation of a mobile home dwelling unit, without a permanent foundation, on any site. The DIF required under this chapter shall not be applicable to a site preparation permit or an installation permit for a mobile home without a permanent foundation. No site preparation permit or installation permit for a mobile home with a permanent foundation shall be issued after January 22, 1989, except upon the condition that the development impact fees required by this chapter be paid; provided, however, in those instances where a site preparation permit or an installation permit has been previously issued for a site and the development impact fees have been paid, the DIF required under this chapter shall not be applicable to a site preparation permit or an installation permit for a mobile home dwelling unit with a permanent foundation. Further, in those instances where an installation permit was issued prior to January 22, 1989, for a mobile home dwelling unit without a permanent foundation and a site preparation permit or installation permit is subsequently requested for the construction of a permanent foundation for said existing mobile home, the DIF required under this chapter shall not be applicable to the permit subsequently issued for the construction of said permanent foundation; and

(5) To the extent required by state law, accessory dwelling units that are less than seven hundred fifty (750) square feet in size.

(Ord. No. 2021-02, § 1, 2-4-2021; Ord. No. 2022-08, § 6, 6-2-2022)

All DIF received pursuant to this chapter shall be deposited, invested, accounted for, and expended in accordance with California Government Code Section 66006 and all other applicable provisions of law.

(Ord. No. 2021-02, § 1, 2-4-2021)

The costs for administering the provisions of this chapter shall be recovered annually using revenues from the DIF program administration fund subject to approval of the executive office.

(Ord. No. 2021-02, § 1, 2-4-2021)