Chapter 3.30 — DEVELOPMENT IMPACT FEES

As used in this chapter:

A.

"New development" means the construction of new buildings or structures, including the placement of non-porous materials on the ground which have the effect of increasing the storm water runoff from the property. New development also includes the remodeling, alteration or expansion of existing buildings or structures for which a building or grading permit is required.

B.

"Planning area" means the area shown in the Parlier general plan as the planning area of the city of Parlier.

C.

"Project" means new development and the annexation of developed territory to the city.

(Ord. 99-01 §1(part), 1999).

The applicant for any entitlement for use, including, but not limited to, conditional use permit, site plan review, director review permit, variance, subdivision and parcel map, lot line adjustment, parcel map waiver, annexation, encroachment permit, rezoning, general plan amendment, business license, building permit and grading permit, shall as a condition of such application or entitlement, pay all city and other fees related to such application or entitlement, including without limitation or exception, any amounts which the city may be required to pay to a third party by reason of the application or issuance of the entitlement.

(Ord. 99-01 §1(part), 1999).

In order to implement the goals and objectives of the circulation, public facilities and housing elements of the city's general plan, and to mitigate the impacts caused by new development in the city, various public improvements must be or had to be constructed or installed. The city council has determined that development impact fees are needed to finance such public improvements in order to pay the development's fair share of the cost of those improvements. In establishing the fees described in this chapter, the city council has considered the effects of the fees with respect to the city's housing needs as established in the housing element of the general plan and finds that these fees are consistent with the general plan.

(Ord. 99-01 §1(part), 1999).

A.

Development impact fees shall be collected by the city upon issuance of the following entitlements for use: building permits, subdivision maps, parcel maps, conditional use permits, site plan reviews, director review

permits, and annexations of developed territory. Such fees shall be used to pay for public improvements made necessary or utilized by the proposed development project authorized by the entitlement for use.

B.

Development impact fees shall be collected for the following public improvements and facilities:

City management facilities;

Public safety facilities;

Storm drain/flood control service facilities;

Wastewater service facilities;

Water service facilities; and

Park and recreation service facilities.

C.

The city council is authorized to adopt resolutions which set forth the fees for each type of service facility, describe the benefit and impact areas on which the respective development impact fees are imposed, list the specific improvements to be financed, describe the estimated costs of the respective facilities, and describe the reasonable relationship between the fees and the proposed projects.

D.

On an annual basis, the city council shall review the development impact fees to determine whether the amounts are reasonably related to the impact of the proposed projects and whether the planned public facilities are still needed.

(Ord. 99-01 §1(part), 1999).

The revenues raised by payment of development impact fees shall be placed in separate and special accounts, and such revenues together with any interest earned on those accounts, shall be used solely to:

A.

Pay for the city's future construction of facilities; or to reimburse the city for specified facilities constructed by the city with funds advanced from other sources; or

B.

Reimburse developers who have been required or permitted to install specified facilities which are larger in size, length, or capacity than needed only for their development projects.

(Ord. 99-01 §1(part), 1999).

When a developer is required, as a condition of approval of a development permit, to construct an oversized public facility, the city shall enter into an agreement with the developer which shall include a credit against the fee(s) which otherwise would have been charged for that public facility. The reimbursement amount shall not include the portion of the improvement needed to provide service to mitigate the need for the facility created by the development.

(Ord. 99-01 §1(part), 1999).

A.

The developer of a project or the owner of developed territory proposed to be annexed to the city which is subject to payment of development impact fees may apply to the city council for a reduction, adjustment, deferral or waiver of some or all of those fees based on:

The absence of a reasonable relationship or nexus between the impacts of the project and either the amount of the fees or the facilities to be financed by the fees; or

The absence of any substantial benefit to a developed single-family residential property that would result from annexation to the city.

B.

The application shall be made in writing and filed with the city clerk not later than thirty days after the director of development services determines the development impact fees applicable to the project. The application shall state the factual basis for the waiver, reduction, deferral or adjustment. The decision of the city council shall be final.

C.

Any change in the project that is not consistent with an approved development impact fee reduction, adjustment, deferral or waiver shall invalidate the reduction, adjustment, deferral or waiver.

(Ord. 99-01 §1(part), 1999).

A.

Development impact fees may be imposed on discrete portions of lots where the project is limited to such portion of the lot by site plan review, conditional use permit, or director's review permit.

B.

For industrial and commercial expansions, alterations and remodeling, the development impact fees shall be based on the relative amount of newly constructed building area in relation to the maximum lot coverage permitted in the applicable zone district, to the extent that the remodeling, alteration or expansion creates additional burdens on public facilities or adds to the need for new public facilities to serve the new development. The number of square feet of new building area, expressed as a percent of the maximum allowable building area on the lot, shall be multiplied by the development impact fees that would be applicable to the entire parcel.

C.

Where a commercial or industrial project consists only of nonporous surfacing materials on the ground, only storm drain/flood control fees shall be imposed. The fee shall be the percent of area paved in relation to the total area of the parcel, multiplied by the fee for the entire parcel.

D.

The developer of a vacant lot(s) in a subdivision shall be credited the value of oversized offsite public facilities or improvements constructed by the developer of that subdivision outside the boundaries of the subdivision, which serve or are available to serve developments other than the subject subdivision. The credit shall be prorated to each lot within the subdivision. The credit shall be applied only against the applicable development impact fee which relates to the oversized offsite public facilities actually constructed.

E.

Churches shall be deemed single-family residential uses for the calculation and imposition of development impact fees, regardless of the zone district in which the project is located.

F.

Development impact fees shall be calculated based on gross acres, which shall include the street area adjacent to the project to the centerline of the right-of-way.

G.

Fees shall be based on the zone district in which the project is located.

H.

Fees apply to all projects in the city. The director of development services shall determine the type of project and the fee to be charged.

(Ord. 99-01 §1(part), 1999).

A.

Development impact fees for new construction on vacant residential lots shall be paid in money at the time of issuance of the building permit.

B.

Development impact fees for new nonresidential projects shall be paid in money at the time that the building permit is issued.

C.

Development impact fees for existing development on territory annexed to the city shall be paid prior to approval of the annexation by the city.

(Ord. 99-01 §1(part), 1999).

A.

Development impact fees for single-family residential projects shall be based on the number of lots in the project.

B.

Development impact fees for multiple family residential projects shall be based on the number of units in the project.

C.

For residential structures which are remodeled, altered or expanded, the development impact fees shall be based on the number of additional bedrooms.

D.

For single-family residential structures constructed to replace a single-family residential structure within one year after demolition of the structure, the development impact fees shall be based on the number of additional bedrooms in the new structure.

(Ord. 99-01 §1(part), 1999).