Part II — LAND DEVELOPMENT

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PART II - LAND DEVELOPMENT Chapter 101 - GENERAL AND ADMINISTRATIVE PROVISIONS ARTICLE I. - IN GENERAL

Sec. 101-1. - Chapter 1 applies.

Chapter 1 of this Code applies to this part II.

Sec. 101-2. - Status.

The Code consists of parts I and II. While part I of this Code is a codification of general ordinances, and part II is a codification of the ordinances pertaining to land development regulations, provisions in part I of this Code may also pertain to land development, and there may be provisions in part II that are inapplicable to land development. The failure to include provisions pertaining to land development in part II does not excuse failure to comply with such provisions. Similarly, inclusion of provisions in part II that do not pertain to land development does not excuse failure to comply with such provisions.

Secs. 101-3—101-22. - Reserved. ARTICLE II. - DEVELOPMENT IMPACT

Sec. 101-23. - Purpose and scope.

The city council intends to ascertain and recover costs incurred by the city in providing funds to finance public facilities and improvements and/or compensation measures to reduce the impacts caused by future developments as shown in the development cost and fee study. Such improvements or compensation measures include, but are not limited to, fire facilities improvement fees, traffic impact fees, park

development impact fees, law enforcement improvements fees, and storm drainage facilities fees. The fees collected pursuant to this article shall be used to finance the municipal public facilities identified in the development impact fee study and incorporated by reference and the city capital improvement program as budgeted by the city council from time-to-time to serve proposed development.

(Code 1980, § 3-11.101; Ord. No. 06-01, § 1(Exh. A))

Based upon the enabling legislation for impact fees identified within Government Code title 7, div. 1, ch. 5 (Government Code § 66000 et seq.), the city manager intends to ascertain and recover costs incurred by the city in providing funds to finance public facilities and improvements and/or compensation measures to reduce the impacts caused by future developments as shown in the development cost and fee study. The

city manager shall act in an administrative and ministerial capacity and shall consider only the fees established by city council resolution.

(Code 1980, § 3-11.102; Ord. No. 06-01, § 1(Exh. A))

Sec. 101-25. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Facility or improvement means any of the following:

(1)

Public buildings.

(2)

Facilities for the storage, treatment, and distribution of nonagricultural water.

(3)

Facilities for the collection, treatment, reclamation, and disposal of sewage.

(4)

Facilities for the collection and disposal of stormwaters and for flood control purposes.

(5)

Facilities for the generation of electricity and the distribution of gas and electricity.

(6)

Transportation and transit facilities, including, but not limited to, streets and supporting improvements, roads, overpasses, bridges, harbors, ports, airports, and related facilities.

(7)

Parks and recreation facilities.

(8)

Any other capital project identified in the capital facilities plan adopted pursuant to Government Code § 66002.

The terms "final inspection" or "certificate of occupancy," as used in this section, have the same meaning as described in the state building standards code.

(Code 1980, § 3-11.103; Ord. No. 06-01, § 1(Exh. A))

Sec. 101-26. - Payment of fees.

All fees for the construction of public improvements or facilities shall be due and payable prior to the issuance of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, except for storm drainage impact fees which shall be collected prior to issuance of a grading permit. If any fee or charge required by the city is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the city, 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. The obligation to pay the fee shall inure to the benefit of and be enforceable by the city, regardless of whether it is a party to the contract. The contract shall contain a legal description of the property affected, shall be recorded in the office of the county recorder and, from the date of recordation, shall constitute a lien for the payment of the fee or charge, which shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit. The contract shall be recorded in the grantor-grantee index in the name of the city, issuing the building permit as grantee and in the name of the property owner or lessee as grantor. The city shall record a release of the obligation, containing a legal description of the property, in the event the obligation is paid in full, or a partial release in the event the fee or charge is prorated.

(Code 1980, § 3-11.104; Ord. No. 06-01, § 1(Exh. A))

Sec. 101-27. - Development impact funds.

The following funds are hereby created:

(1)

Fire facilities improvement fees;

(2)

Traffic impact fees;

(3)

Park development impact fees;

(4)

Law enforcement improvement fees;

(5)

Storm drainage facilities fees; and

(6)

Development impact fee internal service fund.

(Code 1980, § 3-11.105; Ord. No. 06-01, § 1(Exh. A))

Chapter 102 - BUILDINGS AND CONSTRUCTION[[1]]

Footnotes:

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State Law reference— Authority to regulate construction, Government Code § 38660.