Article 1 — General Provisions

This chapter shall be known and cited as "Impact Fees." (§ 1, Ord. 664, eff. October 12, 1989)

This chapter applies to all impact fees imposed by the City as a condition of development approval for the purpose of financing capital improvements, the need for which is attributable to such development, including drainage fees imposed pursuant to Title 9 , Chapter 10 (Planned Drainage Facilities). (§ 1, Ord. 664, eff. October 12, 1989, as amended by § 172, Ord. 941, eff. November 10, 2023)

The provisions of this chapter shall not apply to:

• (a) Taxes or special assessments levied by the City;

• (b) Fees for processing development applications or approvals;

• (c) Fees for enforcement of or inspections pursuant to regulatory ordinances;

• (d) Fees collected under development agreements adopted pursuant to Government Code Section 65864 , et seq.; or

• (e) Fees imposed pursuant to a reimbursement agreement by and between the City and a property owner or developer for that portion of the cost of a capital improvement paid by the property owner or developer which exceeds the need for the capital improvement created by the development.

• (§ 1, Ord. 664, eff. October 12, 1989)

Article 2. Definitions

For purposes of Title 10 , Chapter 9 (Impact Fees), unless otherwise apparent from the context, words and phrases are defined as set forth in Title 10 , Chapter 9 , Article 2 (Definitions).

(§ 1, Ord. 664, eff. October 12, 1989, as amended by § 173, Ord. 941, eff. November 10, 2023)

"Benefit area" means the geographic area within which impact fees are collected and expended for a particular type of capital improvement serving development projects within such area. (§ 1, Ord. 664, eff. October 12, 1989)

"Calculate" means the determination of the amount of impact fees to be collected based on the need for capital improvements related to a particular development project. (§ 1, Ord. 664, eff. October 12, 1989)

"Capital improvement" means land and/or facilities for the storage, treatment or distribution of water; for the collection, treatment, reclamation or disposal of sewage; for the collection and disposal of storm waters or for flood control purposes; for the generation of electricity or the distribution of gas or electricity; for purposes of transportation and transit, including streets and supporting improvements, roads, overpasses, bridges and related facilities; for parks and recreational improvements; for public safety, including for police and fire services; for public buildings, including public libraries; or for any other capital project identified in the City's adopted capital improvements plan.

(§ 1, Ord. 664, eff. October 12, 1989, as amended by § 174, Ord. 941, eff. November 10, 2023)

"Capital improvements plan" means the five year plan for capital improvements included in the proposed budget adopted annually by the City Council. The capital improvements plan describes the approximate location, size, time of availability and estimated cost of capital improvements and appropriates money for such capital improvement projects.

(§ 1, Ord. 664, eff. October 12, 1989)

"Collection" means the point at which the impact fee due is actually paid by the applicant to the City. (§ 1, Ord. 664, eff. October 12, 1989)

"Commitment" means earmarking of impact fees to fund or partially fund capital improvements serving new development projects.

(§ 1, Ord. 664, eff. October 12, 1989)

"Development project" means any project undertaken for the purpose of development and includes a project involving the issuance of a permit for construction or reconstruction but not a permit to operate. (§ 1, Ord. 664, eff. October 12, 1989)

"Dwelling unit" means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking, eating and includes a mobile home. (§ 1, Ord. 664, eff. October 12, 1989)

"Impact fee" means any monetary exaction imposed as a condition of or in connection with approval of a development project for the purpose of defraying all or a portion of the cost of capital improvements related to the development project.

(§ 1, Ord. 664, eff. October 12, 1989)

"Impose" means the determination that a particular development project is subject to the collection of impact fees and the attachment of such determination to a particular development project as a condition of development approval.

(§ 1, Ord. 664, eff. October 12, 1989)

"Non-residential development project" means all developments other than a residential development project. (§ 1, Ord. 664, eff. October 12, 1989)

"Residential development project" means the development of any property for use as a dwelling unit or dwelling units.

(§ 1, Ord. 664, eff. October 12, 1989)