Loma Linda Municipal Code Ch. 3.30 Development Impact Fees

A. In order to implement the goals and objectives of the city's capital facilities planning and to mitigate the impacts caused by new development, certain public improvement must be or have been constructed.

B. The city council has determined that a development impact fee is needed in order to pay for the share of the construction costs of these improvements, which were required to accommodate the new development.

C. 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. 479 § 1, 1992)

A. A development impact fee is established on issuance of all building permits for development to pay for public improvements. The city council shall annually, by resolution:

1. Set forth the specific amount of the fee;

2. List the specific public improvements to be financed;

3. Describe the estimated cost of these facilities;

4. Describe the reasonable relationship between this fee and the various types of new developments; and

5. Set forth time for payment.

B. Payment of development impact fees shall be prescribed by the adopted fee resolution. On a periodic 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. 479 § 1, 1992)

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:

A. Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 3.30.020, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or

B. Reimburse developers who have been required or permitted by Section 3.30.040, to install such listed facilities which are oversized with supplemental size, length or capacity.

(Ord. 479 § 1, 1992)

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 3.30.020, which facility is determined by the city to have supplemental 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, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Ord. 479 § 1, 1992)

The fee shall apply to the issuance of any building permit, for any residential development issued sixty days following the passage of the ordinance codified in this chapter and for all other types of development thirty days following its passage.

(Ord. 479 § 1, 1992)