Chapter 15.42 — DEVELOPMENT IMPACT FEES

A.

In order to implement the goals and objectives of the city's general plan and to mitigate the impacts caused by future development in Orland, certain public facilities must be or have been required to be constructed, and/or compensation measures must be or have been required to be taken to offset resources lost due to future development. The city council has determined that development impact fees are necessary in order to finance these public facilities, and/or compensation measures and to pay for each development's fair share of the construction costs of these improvements, and/or the costs of the compensation measures.

B.

The city is authorized to levy fees where specific findings are made with regard to the need to expand facilities to maintain adopted levels of service, mitigate environmental impacts, and/or to comply with city general plan policies and standards. General plan policies and standards provide a reliable basis for levying fees or associated exactions, since the general plan is acknowledged as the foundation document for all development requirements in the community.

C.

Environmental impact mitigation is also a basis for the establishment of development impact fees; however, the California Environmental Quality Act (CEQA) may not be used as the statutory basis for the fee. Other enabling ordinances or statutes are required to be adopted prior to implementation of fees based on environmental concerns.

D.

In establishing the fee described in this chapter, 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. No. 2013-08, §§ 1, 2)

The city council shall, from time to time as necessary, undertake and complete one or more studies of various public facility needs, specifically, the cost of public facilities to accommodate new development in the city of Orland, and shall document its findings based on such study or studies in a report or reports identified as the Orland impact fee study or studies. This study or studies shall remain on file with the Orland city clerk and shall form the basis by which the city establishes and adopts the fees set forth in Orland Municipal Code at Section 15.42.030, all pursuant to the authority set forth in Government Code section 66000 et seq.

(Ord. No. 2014-01, § 1)

Editor's note— Section 1 of Ord. No. 2014-01, adopted Jan. 21, 2014, repealed former § 15.42.020 and enacted new provisions as herein set out. Former § 15.42.020 pertained to findings and derived from Ord. No. 2013-08, §§ 1, 2.

Fees needed to construct new police facilities, fire facilities, city hall facilities, library facilities, local and area wide storm drainage facilities, parks facilities, traffic signals and intersection improvements, and roadway connections are established. The city council shall adopt a resolution setting forth the specific amount of the fee, describe the benefit/assessment on which the fee is imposed, describe the public improvements to be financed, estimated cost for such facilities, describe the reasonable relationship between the fee and the proposed development, and set forth a time for payment.

(Ord. No. 2013-08, §§ 1, 2)

A.

Proceeds from the impact fees shall be collected and segregated into separate accounts to ensure that fees are used for the purposes and projects for which the fees are collected. The city may utilize these monies for any project included in the original fee justification to construct facilities which directly increase the capacity of the community. Special accounts may be established for improvements associated with an impact fee assessment area and for individual projects.

B.

The fees collected, along with any interest earned on the account, shall be used for the following purposes:

To pay for design and construction of designated public facilities constructed by the city with funds (other than grants or gifts) from other sources;

To reimburse the city for designated public facilities constructed by the city with funds (other than grants or gifts) from other sources;

To reimburse developers who have designed and constructed designated public facilities which are oversized with supplemental size, length or capacity.

C.

Development impact fees shall be adopted each year at the beginning of the fiscal year. Fees may be reviewed annually to determine correlation with current construction and land costs. The Engineering News Record, or other generally accepted publication which provides an annual construction cost index, shall be used to determine necessary increases or decreases in fee assessments.

(Ord. No. 2013-08, §§ 1, 2)

The city council makes the following findings:

A.

Fees or exactions do not exceed the reasonable cost of providing the services or constructing the needed facilities. The fees are not in excess of those required to accommodate new development and be used to remedy existing community service deficiencies.

B.

The components of the fee have been segregated so that it is clear for what purpose the fees can be used.

C.

Specific projects and programs have been identified.

D.

The fees charged to different land uses are in proportion to the relative need that each use generates for new public facilities.

E.

The Orland Impact Fee Study establishes a rational, well reasoned analysis of the cost of constructing a facility and the allocation of those costs to specific land uses. This analysis has considered:

General plan goals, policies and standards;

Current engineering studies regarding traffic, drainage and other needs;

Specific reference to environmental mitigation measures;

Identification of specific projects that are to be constructed.

F.

The fees collected are to be segregated into different accounts and are to be used for the purposes authorized by this chapter.

(Ord. No. 2013-08, §§ 1, 2)

Establishment of fees is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15273(a)(4) of the State CEQA Guidelines. CEQA Section 15273(c) requires that written findings be incorporated in the record setting forth with specificity the basis for the claim of exemption. This claim of exemption is made based on the finding that the fee is necessary to maintain current service levels within the Orland planning area. Without such fees current service levels will decline within the planning area causing economic and social hardship and threatening public health and safety.

(Ord. No. 2013-08, §§ 1, 2)

A.

Within ninety (90) days after the end of each fiscal year, the city shall prepare a report, pursuant to Government Code Section 66006, which identifies the use of the fees in each account during the prior fiscal year, deposits to the account during the prior year, the fund balance in each account as of the end of the prior year and planned projects during the next five years.

B.

Fees shall be established by resolution each fiscal year and take effect no sooner than sixty (60) days after adoption.

(Ord. No. 2013-08, §§ 1, 2)