16.36 Public Facilities/Infrastructure Mitigation

A. The city council finds that Murrieta is a rapidly growing city. The city's population has the potential to grow from a current population of about forty thousand (40,000) to approximately one hundred two thousand (102,000) at build out. This increase in population is reasonably expected to create a substantial increase in the demand placed upon public facilities. The city's existing public facilities will soon become inadequate to handle the projected population growth at existing levels of service. In order to serve the projected population growth, public facilities must be expanded.

B. It is the intent of the city to require every person who develops land to mitigate the impacts of that development on the city's public facilities. The city will therefore require developers to pay a public facilities development impact fee that will assist in meeting the demand for public facilities caused by development. The public facilities will be constructed in accordance with a capital improvement plan adopted by resolution of the city council.

C. The amount of the public facilities development impact fees collected pursuant to this chapter shall be limited to the cost of public facilities attributable to new development. The amount of the public facilities development impact fees collected shall not include the cost of public facilities that serve existing development. (Ord. 196 § 1 (part), 1998)

A. A developer shall pay a public facilities development impact fee for each building which is part of a residential development, in an amount established by resolution of the city council, upon issuance of a building permit for that building; provided, however, that if a residential development contains more than one dwelling, the development services director may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its building permit, on a pro rata basis when a certain percentage of the dwellings have received their building permits, or on a lump-sum basis when the first dwelling in the development receives its building permit. If the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the development services director may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time specified above. The contract shall be recorded with the Riverside County re-corder and shall constitute a lien for the payment of the fee. (Ord. 196 § I (part), 1998)

A. Except as provided in Sections 16.36.040 and 16.36.050, a developer shall pay a public facilities development impact fee for each building in a non-residential development or new square footage of a building in a non-residential development, in an amount established by resolution of the city council, prior to issuance of a building permit for that building. Construction which does not result in new square footage shall not be subject to a public facilities development impact fee.

B. Notwithstanding subsection A of this section, a building permit may be issued to a developer prior to payment of a public facilities development impact fee, if the developer qualifies as any nonprofit organization that is exempted from taxes by Section 501(c)(3) of the Internal Revenue Code of 1986. If, pursuant to this paragraph, the required fee

is not fully paid prior to issuance of a building permit for construction of any portion of the non-residential development encumbered thereby, the development services director may re-quire the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, upon transfer of the non-residential development, or the applicable portion thereof, to a purchaser that does not qualify as a nonprofit organization that is exempted from taxes by Section 501(c) (3) of the Internal Revenue Code of 1986. The contract shall be recorded with the Riverside County recorder and shall constitute a lien for the payment of the fee.

(Ord. 196 § 1 (part), 1998)

A. A developer shall be entitled to a reduction in the amount of the component of the development impact fees required by Sections 16.36.020 and 16.36.030, if the developer constructs public facilities, relating to that component, pursuant to the city's capital improvement plan and the public facilities constructed are those for which the capital improvement plan designates development impact fees as the funding source. The specific component of the development impact fees which would have funded the improvement when installed shall be reduced by the amount of engineering and construction costs that would be reasonably incurred by the city in building those same public facilities. The amount of the reduction in the development impact fee component shall be subject to approval by the development services director prior to construction of the development. In no case shall the reduction in a specific development impact fee component (i.e. streets and minor bridges, storm drainage, etc.) be greater than the amount assessed to the developer for that specific component; nor shall fees from one component be transferred to another component to offset public facility improvements constructed by the developer that exceed the assessed amount.

B. If a developer constructs off-site public facilities pursuant to the city's capital improvement plan, and if the city's engineering and construction costs to construct those same public facilities would have been more than the public facilities development impact fees assessed to that developer pursuant to Sections 16.36.020 and 16.36.030, then nothing in this section shall prevent the city from entering into a reimbursement agreement with that developer, subject to the availability of funds.

(Ord. 196 § 1 (part), 1998)

A. Application for Fee Reduction.

1. Any developer whose development is subject to the public facilities development impact fee required by this chapter may apply to the development services director for a reduction in that fee based upon the demonstrable absence of a reasonable relationship between the impact of that development on the city's public facilities and either the amount of public facilities development impact fee charged, or the type of public facilities improvements to be constructed and/or purchased. The application shall be made in writing and filed with the development services director no later than ninety (90) days after approval of the development. If no application for discretionary review is required for the development, then the application shall be made in writing and filed within ninety (90) days after the city issues a building permit for the development. The application shall state in detail the factual basis for the request for reduction. Failure to file a timely application for reduction deprives the director of jurisdiction to consider the application. The director shall make a decision on the application for reduction within thirty (30) calendar days after the application has been filed. Notice of the director's decision shall be mailed to the applicant, postage paid.

2. Any developer whose development is subject to the public facilities development impact fee required by this chapter, including a developer who, in connection with the development, has constructed or financed regional or

regionally significant public facilities substantially similar to those facilities that are listed or otherwise identified in the city's capital improvement plan, either through participation in a special district (e.g., a community facilities district or a special assessment district) or as a result of conditions of approval for the development, may apply to the development services director for a reduction in that fee. The application shall be made in writing and filed with the development services director no later than ninety (90) days after the effective date of this section or ninety (90) days after the city issues a building permit for the development, whichever is later. The application shall state in detail the factual basis for the request for reduction. The city shall consider entering into an agreement, or modifying an existing agreement, with any developer applying for a reduction pursuant to this subsection.

B. Appeal from Director's Decision.

1. Any decision of the development services director under subsection 16.36.050(A) may be appealed to the city council by filing an application for appeal with the city clerk. The application must be filed within fifteen (15) calendar days after notice of the director's decision has been mailed to the applicant; provided, however, that if the fifteen (15) days expire on a day when Murrieta City Hall is not open for business, then the appeal period shall be extended to the next business day.

2. Failure to file a timely appeal application deprives the city council of jurisdiction to hear the appeal.

3. The city council shall consider the appeal at a public hearing to be held within forty-five (45) calendar days after the appeal application is filed. Notice of public hearing pursuant to Chapter 16.76 of the Murrieta Municipal Code shall not be required for an appeal of development impact fees.

C. Allocation of Fee Reductions or Credits. Any fee reductions or fee credit granted pursuant to this chapter shall be applied only to that component of the public facilities development impact fee which would have funded the improvement upon which the reduction or credit is based or for which a fee reduction was granted pursuant to subsection 16.36.050(A)(1).

D. Processing of Protests. The procedure set forth in this section shall implement Government Code Section 66020, or its successor, and shall serve as the city's method for processing protests filed pursuant to that section. Prior to the effective date of the approval of the development, or, if no discretionary approval is revoked, prior to the issuance of a building permit, a developer that is subject to this chapter shall sign a statement acknowledging the imposition of a public facilities development impact fee upon that developer's development. Such acknowledgment shall not be deemed a waiver of the developer's right to protest the imposition and to request a fee adjustment pursuant to this section.

(Ord. 196 § 1 (part), 1998)

All public facilities development impact fees paid and collected pursuant to this chapter shall be placed in one or more funds and used solely for the purpose of constructing, expanding or rehabilitating the public facilities specified in the resolution establishing the fee and described in the city's capital improvement plan. (Ord. 196 § 1 (part), 1998)

The following standards are intended to provide a mechanism whereby the impact of new development on public school facilities can be evaluated, and appropriate mitigation measures for the provision of school facilities be required if necessary.

A. Annual School Impact Report. The city shall, at the commencement of each calendar year, request that each school district serving the city and/or its sphere of influence area, submit in a timely manner, a report to the city which

addresses all of the following for each district facility:

1. Current demand;

2. Existing capacity;

3. Future expansion needs;

4. Student generation factors;

5. Status report of overcrowding of facilities; and

6. Status of applications and eligibility for state funding.

B. Submittal of Applications to School Districts. The city shall transmit the application materials for any land use entitlement to the applicable school district within ten days of filing an application.

C. School Impact Analysis Required. Within twenty (20) days of the receipt of an application for any land use entitlement, the applicable school district shall prepare a school impact analysis based on the most recent school impact report. The analysis should evaluate the proposed project's impact on the demand for schools based on the servicing area. If the school district fails to submit the analysis to the city in a timely manner, the city may assume that the school district has no information to submit.

D. California Environmental Quality Act Compliance. Notwithstanding subsection 16.36.050(C), the city shall conduct an environmental analysis of the impact of a project on the affected school district.

E. Phasing of Development/Density Reduction. If adequate school facilities will not be available in a timely manner, pursuant to the impact analysis required in subsection 16.36.050(C), the city may reduce the density of a project or phase development of a project until adequate school facilities are available.

F. Projects Involving Legislative Acts. The provisions of this subsection shall apply to new development projects that include any of the following land use entitlement applications: development agreements, general plan amendments, master development plans, public financing and/or redevelopment proposals, specific plans, zone changes, and other legislative approval.

Prior to the approval of an implementing entitlement, a conditional use permit, a development plan permit, or a tentative map that is part of any land use entitlement described above, an approved copy of any impact mitigation agreement entered into between a developer and a district, shall be provided to the department. School impact mitigation agreements are not required to be approved at the time of approval of the legislative act, except when concurrent implementing entitlements are processed (e.g., a change of zone and a conditional use permit).

ntitlement described above, an approved copy of any impact mitigation agreement entered into between a developer and a district, shall be provided to the department. School impact mitigation agreements are not required to be approved at the time of approval of the legislative act, except when concurrent implementing entitlements are processed (e.g., a change of zone and a conditional use permit).

G. Projects not Involving Legislative Acts. The provisions of this subsection shall apply to new development projects which do not involve a legislative action, (e.g., as a conditional use permit, a development plan permit, or a tentative map).

1. All residential development proposals of seventy-five (75) gross acres or more, not within a master development plan or specific plan, shall be evaluated for possible inclusion of a ten net usable acre elementary school site.

2. Development proposals are not required to obtain a separate school impact mitigation agreement from the applicable school district prior to the issuance of a building permit. School mitigation fees shall be as authorized under state statute.

(Ord. 196 § 2, 1998)

The purpose of this section is to establish standards and requirements for dedications and improvements in connection with the development of land in which no subdivision is involved.

A. Dedications Required. Applicants who propose new development within the city shall provide, by means of an offer of dedication or other appropriate conveyance as approved by the city attorney, the rights-of-way necessary for

the construction of any street as shown on the circulation plan in the general plan, any applicable specific plan, or otherwise required by the city engineer in compliance with an established street system or plan. Rights-of-way shall also be provided for improvements to existing facilities including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title examination report and be free of all liens and encumbrances.

Dedications required by this section shall be made before the issuance of a building permit for a subject property. B. Public Improvements Required. Applicants who propose new development within the city shall cause to construct all necessary improvements in compliance with city specifications upon the property and along all street frontages adjoining the property upon which the structure is constructed unless adequate improvements already exists. In each instance, the city engineer shall determine whether or not the necessary improvements exist and are adequate. C. Construction of Public Improvements. If the city engineer determines that public improvements are required, these public improvements shall be designed to city standards and their construction guaranteed by an improvement agreement secured by a bond or cash deposit before issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The city engineer is authorized to execute agreements on behalf of the city.

D. Deferrals of Public Improvement Requirements. Requests for deferrals of improvements shall be processed in compliance with Section 16.108.130 (Article V).

E. Exemption for Expansion of Existing Single Family Homes.

1. The addition, enlargement, expansion, alteration, extension, reconstruction or replacement of any existing single family dwelling and/or accessory structure shall be exempt from the requirements of this chapter to construct street improvements.

2. The development of non-habitable accessory structure(s) as provided for under Section 16.44.150 of this Title shall be exempt from the requirements of this chapter to construct street improvements.

3. A development that is exempt from the requirement to construct street improvements as provided for in this section shall remain subject to the requirement to provide the city with an irrevocable offer of dedication for the ultimate street right-of-way for any addition, enlargement, expansion, alteration, extension, reconstruction or replacement of an existing single family dwelling and/or habitable accessory structure regardless of size.

4. No exemption from the requirement to construct street improvements shall be granted if the city engineer determines that the lack of street improvements in this case would be a potential danger to the public health, safety and welfare. (Ord. 538, Exhibit A (part), 2018; Ord. 439-10, § 1, 2010; renumbered during 06-04 supplement; Ord. 182 § 2 (part), 1997)