Needles Municipal Code Art. 6 X Violation Penalty For Work

6-50 Violation Penalty For Work Without Permits

The City Council of the City of Needles hereby specifically finds ensuring safety is the primary focus of the building code and by getting a permit the City can validate the work completed on a building was completed properly. Building codes are minimum requirements that help safeguard the health, safety, and welfare of all building occupants.

The city seeks to implement penalties for any person who fails to comply with the building code. A violation of any of the provisions of this proposed article shall constitute a violation of the Needles Municipal Code and be subject to the following penalties:

Penalties within a twelve (12) month period:

First Offense: an investigation fee equal to the permit fee plus an administrative citation fine of fifty dollars ($50);

Second Offense: an investigation fee equal to the permit fee plus an administrative citation fine of five hundred dollars ($500.00);

Third Offense: an investigation fee equal to the permit fee plus an administrative citation fine of one thousand dollars ($1,000.00);

Four or More Offenses: Four or more offenses shall result in referral of the matter to the City Attorney for prosecution. 2. The foregoing penalties, applicable to first and second offenses for those commencing work without all necessary permits, supersede any conflicting provisions of this code governing the penalties for violation of any provision thereof.

CHAPTER 6AA DEVELOPMENT AGREEMENTS

CHAPTER 6AA DEVELOPMENT AGREEMENTS 6AA-1 Purpose 6AA-2 Applications And Fees 6AA-3 Contents 6AA-4 Public Hearing 6AA-5 Action On An Application 6AA-6 Amendment And Cancellation 6AA-7 Recordation 6AA-8 Periodic Review 6AA-9 Modification Or Termination 6AA-10 Issuance Of Building Permits 6AA-11 Rules, Regulations, And Official Policies 6AA-12 Reversion Of Zoning In The Event Of Noncompliance

(Ord. No. 340-AC)

6AA-1 Purpose

The purpose of this chapter is to establish procedures and requirements for the consideration of development agreements, as authorized by Government Code section 65865(c). (Ord. No. 340-AC)

6AA-2 Applications And Fees

Applications. 1. Eligibility. Only those persons having a legal or equitable interest in real property, and their authorized representatives, are eligible to submit applications requesting the consideration of a development agreement. The community development department shall require applicants to submit proof of their interest in the subject real property and of the authority of their agent to act for them. Before processing an application, the department shall obtain the opinion of the city attorney as to the sufficiency of the applicant’s interest in the subject real property. 2. Form and Filing Procedure. The process for consideration of a development agreement shall begin upon the filing of an application by or on behalf of a person eligible to apply under section 23-2(a)(1). The community development department shall provide application forms, and such other forms as may be required. Each application submitted for filing shall be accompanied by a proposed development agreement conforming to the requirements established by this chapter and by state law. An application shall contain all of the following: 1. Sufficient information to enable the city to perform an initial study pursuant to Public Resources and code section 21160; 2. Sufficient information to establish that the project is consistent with the General Plan; 3. Such other information and supporting data as the community development department considers necessary to process the application.
1. Fees. The city council shall establish by minute order or by resolution a reasonable fee for processing a development agreement application. An applicant shall pay the fee at the time of filing. (Ord. No. 340- AC)

6AA-3 Contents

A development agreement shall specify or contain all of the following:

Duration of the agreement;
Permitted uses of the property;
Density or intensity of use;
Maximum height and size of proposed buildings;
Provisions for reservation or dedication of land for public purposes;
A general site plan showing arrangement of uses, circulation, and required dedication;
A timetable for the completion of various project phases or other features of the agreement;
Conditions, terms, restrictions, and requirements for subsequent discretionary actions;
Such other provisions as may be considered necessary or proper by the city council to further legitimate city interest or to protect the public health, safety, and welfare. (Ord. No. 340-AC, § 1.)

6AA-4 Public Hearing

The planning commission and the city council shall conduct public hearings to consider applications for development agreements.

Notice. Notice of public hearings shall be given in the manner prescribed by Government Code section
1. If state law prescribes a different form of notice, then notice shall be given in that manner. Failure of any person to receive notice shall not affect the authority of the city to enter into a development agreement.
2. Irregularities. No action, inaction, or recommendation regarding the proposed development agreement shall be held invalid or be set aside by a court because of any procedural error in conducting the public hearing, unless after an examination of the entire case, the court is of the opinion that the error complained of was prejudicial, that the complaining party suffered substantial injury, and that a different result would have been probable if the error had not occurred. (Ord. No. 340-AC)

6AA-5 Action On An Application

Recommendation by the Planning Commission. After conducting a public hearing to consider a proposed development agreement, the planning commission shall make a recommendation in writing to the city council. In making its determination, the planning commission shall consider the following aspects of the proposed agreement: 1. Consistency with the objectives, policies, general land uses, and program specified in the general plan and any applicable specific plan;
1. Compatibility with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
2. Conformity with public convenience, general welfare, and good land use practice;
3. Detrimental impact, if any, on the health, safety, and general welfare; and 5. Effect on the orderly development of property and the preservation of property values.
Decision by the City Council. 1. Approval, Modification, or Disapproval. After the city council conducts a public hearing regarding a proposed development agreement, it may accept, modify, or disapprove the recommendation of the planning commission. The city council may not approve a proposed development agreement unless it finds that the provisions of the agreement are consistent with

the general plan and any applicable specific plan. If the city council wishes to approve a proposed development agreement, it shall do so by adoption of an ordinance. After the ordinance approving the development agreement takes effect, the city council may enter into the agreement. 2. Referral Back to the Planning Commission. In its discretion, the city council may refer to the planning commission for a report and recommendation matters not previously considered by the commission during its hearing. The planning commission may, but need not, hold a public hearing on such matters referred back to it. (Ord. No. 340-AC)

6AA-6 Amendment And Cancellation

A development agreement may be amended or canceled by mutual consent of the parties or their successors in interest. Notice of the intention to amend or cancel any portion of the agreement shall be given in the manner provided by Government Code section 65867. Either party may propose an amendment to, or cancellation in whole or in part of, a development agreement previously entered into provisions of the agreement shall be modified or suspended as necessary to comply with state or federal laws or regulations, in accordance with Government Code section 65869.5. (Ord. No. 340-AC)

6AA-7 Recordation

Within ten days after the city enters into a development agreement, the city clerk shall have the agreement recorded with the county recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement as provided by Government Code section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder. (Ord. No. 340- AC)

6AA-8 Periodic Review

Time for Review. The planning commission shall review a development agreement every twelve months or more frequently if the agreement so provides. Additionally, an agreement shall be reviewed if any of the following conditions are met: 1. Recommendation of the planning staff;
1. Affirmative vote of at least three members of the planning commission;
2. Affirmative vote of at least three members of the city council.
Notice. The community development department shall notify the property owner of the city’s intent to review the development agreement. Such proceedings shall be public hearings and notice shall be provided in the manner prescribed by Government Code section 65867.
Burden of Proof. At review proceedings, the property developer or its successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be on the property developer or successor in interest. (Ord. No. 340-AC)

6AA-9 Modification Or Termination

Recommendation by the Planning Commission. If as a result of its review of a development agreement pursuant to section 6AA-8, the planning commission finds based on substantial evidence that the property developer has not complied in good faith with the terms or conditions of the agreement, it shall recommend to the city council that the agreement be modified or terminated. If the city council

concurs with the planning commission’s recommendation, then the council shall give the property developer notice of its intent to modify or terminate the agreement, and of the time and place that the council will conduct a hearing on the matter. 2. Hearing by the City Council. At the hearing on modification or termination of a development agreement, the property developer shall be given an opportunity to be heard. The city council may then affirm, modify, or reject the recommendation of the planning commission. The council may also refer the matter back to the planning commission for further proceedings or for report and recommendation. The council may impose conditions on the actions it takes, as the council deems necessary to protect the interests of the city. The decision of the council is final. (Ord. No. 340-AC, § 1.)

6AA-10 Issuance Of Building Permits

Building permits shall not be issued for any project approved pursuant to the development agreement process if, at the time for issuance, the development agreement has been terminated. Furthermore, if there is a hearing pending to determine the existence of default by the property developer or any obligor under the terms of the development agreement, then no building permit may be issued at that time without written approval of the city manager. (Ord. No. 340-AC, § 1.)

6AA-11 Rules, Regulations, And Official Policies

The rules, regulations, and official policies governing permitted uses of land, density, design, improvement and construction shall apply to development agreements in the manner prescribed by Government Code section 65866. To the extent permitted by Government Code section 65865.4, a development agreement is enforceable by any party to the agreement notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city which alters or amends the rules, regulations, or policies described above. (Ord. No. 340-AC)

6AA-12 Reversion Of Zoning In The Event Of Noncompliance

If the terms and conditions of a development agreement are not complied with by the property developer, the zoning applicable to the subject property shall revert to the zoning that existed prior to the time the development agreement was entered into. (Ord. No. 340-AC)

CHAPTER 6AAA DEVELOPMENT IMPACT FEES

CHAPTER 6AAA DEVELOPMENT IMPACT FEES 6AAA-1 General Findings 6AAA-2 Purpose And Applicability 6AAA-3 Definitions 6AAA-4 Animal Control Facilities, Vehicles And Equipment - Findings 6AAA-5 Fire Suppression Facilities, Vehicles And Equipment - Findings 6AAA-6 Circulation (Streets, Signals And Bridges) System - Findings 6AAA-7 Storm Drainage Collection Facilities - Findings 6AAA-8 Water Source, Storage And Distribution System - Findings 6AAA-9 Wastewater Collection System - Findings 6AAA-10 Wastewater Treatment Facilities - Findings 6AAA-11 Electricity Transmission And Distribution System - Findings 6AAA-12 General Facilities, Vehicles And Equipment - Findings 6AAA-13 Public Use (Community Center) Facilities - Findings 6AAA-14 Aquatics Center Facilities - Findings 6AAA-15 Park Land Acquisition And Facilities Development - Findings 6AAA-16 Imposition And Payment Of Fees 6AAA-17 Accounting And Disbursement Of Fees 6AAA-18 Development Impact Fee Credits 6AAA-19 Reimbursement 6AAA-20 Administrative Review 6AAA-21 Deferrals, Waivers And Reductions 6AAA-22 Application To Subsequently Annexed Land

6AAA-1 General Findings

The City Council of the City of Needles, California, finds as follows:

The provisions of new and expanded facilities and infrastructure is a necessary to protect and promote the health, safety and welfare of all the citizens of the City of Needles by reducing the adverse effects of urbanization and development.
It is necessary to enact and implement certain development impact fees to assure that all new development within the City pays its fair share of the costs of providing necessary public facilities and infrastructure to accommodate such new development.
A proper funding source for the costs associated with new development is a specific development of facilities fee for each type of facility related to the specific need created by the development and reasonably related to the relative cost of providing such necessary public facilities.
The Development Impact Report, and the Addendum thereto, justify the imposition of each development fee on new construction by analyzing the Master Facility Plan, and the Addendum thereto, as defined herein, assigning the costs on a fair-share basis to the various types of new development, and assigning the resulting fee per dwelling unit and/or commercial/industrial square footage, based on the anticipated burden of such new dwelling unit and/or commercial/industrial area on City facilities and infrastructure and the need related by such dwelling unit and/or commercial/industrial area for new and expanded facilities and infrastructure.

The primary purpose of the fees is to mitigate the impact on City facilities and infrastructure caused by increased demand for facilities and infrastructure from person generated by new development.
1. The fees will be used to finance public facilities and infrastructure, specifically animal control; fire suppression; circulation (streets/signals/bridges); storm drains; water source, storage and distribution; wastewater collection and treatment; electric transmission and distribution; general facilities; public use facilities; aquatics center; and parkland acquisition and improvements.
2. The use of the fees to fund such public facilities and infrastructure is reasonably related to the impacts of residential development and other development on the City as more fully described in the Development Impact Report and the Addendum thereto.
3. The need for development impact fees to fund such public facilities and infrastructure is reasonably related to impacts on the City of residential development and other development as more fully described in the Development Impact Report and the Addendum thereto.
4. To assure fair and legally sound implementation of the development impact fees established in this Ordinance, such fees shall be reviewed from time to time, but not more than one annually, and shall be set by resolution of the City Council following due notice and hearing.
5. To assure fair implementation of the development impact fees established in this Chapter, the City must have the latitude to defer or waive such fees in special cases, after notice and hearing, where better or fairer financing arrangements would result from such deferral, or where imposition of such fees would cause inequities.
6. To assure fair implementation of the development impact fees established by this Ordinance, provisions must be made for extending such fees to subsequently annexed land that benefit from the public facilities funded by these fees.
7. The provisions of this Chapter are in addition to all other provisions of the Needles Municipal Code and all new residential and other development, as defined in this Chapter, and shall be subject to the provisions of this Chapter and to tall other provisions of the Needles Municipal Code.

6AAA-2 Purpose And Applicability

The City Council declares the purpose of this Chapter is to provide for the means to finance adequate infrastructure and other public improvements and facilities made necessary by the impacts created by new development in the City of Needles in order to promote the health, safety and welfare of the citizens of the City. This Chapter shall apply solely to construction of new dwelling units and/or commercial/industrial square footage, as applicable, within the City (i.e., the “Affected Territory” as defined herein).
1. The following are specifically exempt from the provisions of this Chapter: 1. Additions or improvements to dwelling units after construction is complete, unless such additions or improvements (a) increase the number of Dwelling Units on the property, as defined herein. 2. In order to promote and encourage residential in-fill, any vacant residential lot within the City that was previously served with a City utility (water, wastewater or electric) and the owner applies for a building permit for a similar residential use of the property, that lot is exempt from payment of the development impact fees for any such utility(ies) previously connected. If, however, the building permit application is for a residential use that has a higher impact than the previous residential, the property will be charged the appropriate development impact fee for each such utility, minus the applicable credit as established by resolution of the City Council for each applicable utility service(s) and use of the property.

6AAA-3 Definitions

The “Addendum” is the “Master Facilities Plan & Development Impact Fee Calculation and Nexus Report for Needles - Staff Amended”. This document, dated May, 2006, was prepared by Revenue & Cost Specialists and summarizes the needed facilities mentioned herein, their estimated costs and sets forth the required nexus findings.
1. “Affected Territory” means the corporate boundaries of the City of Needles as these may be changed from time to time.
2. “Commercial Lodging” means the construction of new or additional square footage of building are intended to provide temporary housing for travelers/visitors to the Affected Territory for short term use. Development impact fees for commercial lodging shall be assessed on a per unit/room basis.
3. “Commercial/Office Development” means the construction of new or additional gross square footage of building area for commercial purposes.
4. “Development Impact Report” is the “Development Impact Fee Calculation and Nexus Report for the City of Needles”. This document dated April 7, 2006, was prepared by Revenue & Cost Specialists and summarizes the needed facilities mentioned herein, their estimated costs and sets forth the required nexus findings.
5. “Dwelling Unit” means and includes: 1. Detached dwelling which is a building or portion thereof constructed exclusively for residential occupancy not connected to any other residence. This category includes any manufactured home constructed on a permanent foundation on a separate lot. 2. Attached dwelling which is an apartment, condominium or townhouse constructed exclusively for residential occupancy. 3. Mobile home (in parks) which is a mobile home used exclusively for residential occupancy located in a designated mobile home park.
6. “Effective Date” means the date that the fees in this Chapter are eligible for collection, that date being thirty (30) days after the adoption of this Ordinance.
7. “Exemption(s)” means those specific exemptions set forth in Sec. 6AAA-2(b).
8. “Industrial Development” means the construction of new or additional gross square footage of building area for industrial purposes.
9. “Master Facilities Plan” describes each of the facilities mentioned herein and their estimated costs. This document, dated March, 2006, was prepared by Revenue & Cost Specialists.
10. “New Development” and/or “New Construction” means and includes: 1. New construction of dwelling unit(s), commercial lodging unit(s), recreational vehicle pad unit(s), commercial/office use square footage, and industrial use square footage; and/or
  1. New connection(s) to one or more City water, wastewater, or electric utility system facility(ies) where such utility service(s) has (have) not previously been provided, as applicable, within the Affected Territory, subject to the exemption set forth in Sec. 6AAA-2(b)(2).
11. “Recreational Vehicle Pads” means a space, lot or pad within a designated recreational vehicle (RV) park intended to provide temporary parking of a recreational vehicle for travelers/visitors to the Affected Territory for short term use.
12. “Residential Development” means construction of one or more dwelling units.

6AAA-4 Animal Control Facilities, Vehicles And Equipment - Findings