Chapter 17.160 — APPEALS AND REQUESTS FOR REVIEW

The purpose of an appeal is to establish procedures for the initiation of a request for review of a decision rendered by the approval body with decision authority on the issue in question.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any discretionary action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any discretionary action by the Community Development Director may be appealed to the Planning Commission in compliance with the provisions of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Decisions, either with or without conditions, of an application before the Community Development Director shall be final unless within ten (10) days after the decision by the Community Development Director, the applicant or any other person aggrieved by such decision, shall appeal in writing to the Planning Commission by filing an appeal with the Community Development Department.

B.

Decisions, either with or without conditions, of an application before the Planning Commission shall be final unless within ten (10) days after the decision by the Planning Commission, the applicant or any other person aggrieved by such decision, shall appeal in writing to the City Council by filing an appeal with the City Clerk.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.160.050 - Filing and processing of appeals.

A.

Required Documents. An appeal shall be in writing and contain the grounds for the appeal, how the approval body failed to conform to the requirements of this Title and the description of the grounds.

B.

Scope of Planning Permit Appeals. An appeal of a decision on a planning permit shall be limited to the issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

C.

The appeal shall be accompanied by a fee in the amount set by City Council resolution.

D.

Report and Scheduling of Hearing.

1.

Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing.

2.

When an appeal has been filed, a report shall be prepared on the matter, including all of the application materials in question, and the matter shall be scheduled for a public hearing by the appropriate review authority within forty (40) days of filing of the appeal.

3.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review).

4.

Any interested party may appear and be heard regarding the appeal.

E.

Decision.

1.

During the appeal hearing, the issues that may be raised and considered by the review authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The review authority may:

a.

Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Code.

b.

Adopt additional conditions of approval, which may address the issues or concerns other than the subject of the appeal.

2.

If new or different evidence is presented on appeal, the Planning Commission or Council may refer the matter to the Community Development Director or Planning Commission, as applicable, for further consideration.

3.

In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.

4.

Provision of notice of decision.

a.

Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

b.

The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any City Council person, based on his/her responsibility to the electorate, may file with the City Clerk a "Request for Review" (RFR) of any decision made by the Planning Commission or any discretionary action by the Community Development Director. Any Planning Commissioner based on his/her responsibility to the City Council regarding land use matters may file with the City Clerk a "Request for Review" (RFR) of any discretionary action by the Community Development Director.

A.

Such RFR shall be filed within ten (10) days of the decision, as a no fee filing, together with a statement that such RFR is not indicating support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, import, precedent or significance that such decision should as a matter of policy and planning be made by elected or appointed officials.

B.

Upon the timely filing of an RFR, the decision shall be suspended until the RFR is determined by the Planning Commission or City Council; and the City Clerk shall immediately:

1)

Notify the Council, Community Development Director, Planning Commission, applicant and all who appeared at the meetings with regard thereto; and

2)

Set the matter for hearing before the Planning Commission or City Council for final determination, as appropriate based on the filing of the RFR, for hearing and determination.

C.

Except as set forth in this section, the procedures of an RFR shall be the same as those for an appeal, as indicated in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.164 - ENFORCEMENT

This chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Zoning Code.

A.

Permits Which Are in Conflict with this Zoning Code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Zoning Code shall not be issued.

B.

Permits Deemed Void. Any certificate, license, or permit issued in conflict with the provisions of this Zoning Code shall be void and of no effect.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

It shall be the duty of the City Manager, or any person, department or agency designated by him to enforce the provisions of this Title.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Authorized to Enter Defined Areas. For the purpose of necessary investigations and inspections, the City Manager or any person, department or agency designated by him to enforce the provisions are hereby authorized to enter upon the following defined areas of private property within the City:

A.

Any area which is open to the public generally;

B.

Any area which is visible and accessible from the public street and which is not fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry;

C.

Any area which is used as common area by persons residing or staying in structures located upon the property, unless the area is fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry; and

D.

Any area where the privacy of an individual would not be violated by entry. Any person who interferes or refuses with the right of entry granted by this Section shall be guilty of a misdemeanor.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Any use of land or structures operated or maintained contrary to the provisions of this Zoning Code and any structure constructed or maintained contrary to the provisions of this Zoning Code are hereby declared to be a violation of this Zoning Code and a public nuisance.

B.

The violation of any required condition imposed on a permit or approval shall constitute a violation of this Zoning Code and may constitute grounds for revocation or modification of the permit in compliance with Chapter 17.168 (Revocations and Modifications).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

This Section describes the procedures for initiating enforcement action in cases where the City Manager or any person, department or agency designated by him to enforce the provisions has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this

Zoning Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by Chapter 1.16 (General Penalty), Chapter 1.20 (Administrative Citations), and this chapter may be avoided.

A.

Notice to Responsible Parties. The City Manager or any person, department or agency designated by him to enforce the provisions shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:

1.

A description of each violation and citations of applicable Zoning Code provisions being violated;

2.

A time limit for correcting the violation(s) in compliance with Subsection B., below; and

3.

A statement that the City intends to issue an administrative citation in accordance with Chapter 1.20 (Administrative Citations) or enforce penalties outlined in Chapter 1.16 (General Penalty), if violation(s) are not corrected within the time limit permitted; and

B.

Time Limit for Correction.

1.

The Notice of Violation shall state that the violation(s) shall be corrected within fourteen (14) days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the City Official who originally issued the Notice of Violation within that time to arrange for a longer period for correction.

2.

The 14-day time limit may be extended by the City Official upon a showing of good cause.

3.

The City Manager or any person, department or agency designated by him to enforce the provisions may also require through the Notice of Violation that the correction shall occur within less than fourteen (14) days if the Code Enforcement Officer determines that the violation(s) constitutes a hazard to public health or safety.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Zoning Code.

A.

Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation(s) of this Zoning Code.

B.

Abatement Proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with this chapter and/or being issued an Administrative Citation in accordance with Chapter 1. 20 (Administrative Citations), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.

C.

Nuisance Abatement. The City may pursue any remedies or enforcement action(s), as provided in the Municipal Code for the abatement of a nuisance.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.164.080 - Remedies are cumulative.

A.

Cumulative, Not Exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.

B.

Other Remedies. Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision(s) of this Zoning Code, or any permit or approval issued in compliance with this Zoning Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

It shall be the duty of the City Manager, or any person, department or agency designated by him to enforce the provisions of this Title. All departments, officials, public employees and agencies of the City, contractual or otherwise, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings or purpose in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title shall be null and void.

The provisions of this Title shall be interpreted and administered by the Planning Commission whose inspectors or authorized representatives shall have the right to enter upon any premises affected by this Title for purposes of inspection.

Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance and upon direction by the City Council, the City Attorney shall take such steps, and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this Title.

This Title may also be enforced by injunction issued out of the Superior Court upon the suit of the City or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions thereof.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.168 - REVOCATIONS AND MODIFICATIONS

This chapter provides procedures for securing necessary modification or revocation of previously approved permits or approvals.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City's action to revoke a permit or approval, instead of modification, shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City's action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.168.040 - Findings to modify or revoke.

A.

Permits.

1.

A Conditional Use Permit, Administrative Use Permit, or other City planning permit or approval (except a Variance or Minor Modification, see Subsection B., below) may be modified or revoked by the review authority (e.g. Community Development Director, Planning Commission, or City Council) that originally approved the permit, if the review

authority first makes any one of the following findings:

a.

Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation;

b.

The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval;

c.

One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated and/or the permit is in violation of any statute, ordinance, law or regulation;

d.

An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or

e.

The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.

B.

Variances and Minor Exceptions.

1.

A Variance or Minor Exception may be modified or revoked by the review authority which originally approved the Variance or Minor Exceptions, if the review authority first makes any one of the following findings, in addition to any one of the findings specified in Subsection A, above:

a.

Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a

positive manner, and the grantee has not substantially exercised the rights granted by the Variance or Minor Exceptions; or

b.

One or more of the conditions of the Variance or Minor Exception have not been met, or have been violated.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.168.050 - Hearing and notice required.

A.

Hearing.

1.

The appropriate review authority shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this Zoning Code. The hearing shall be noticed and conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review).

2.

Ten (10) days before the public hearing, notice shall be mailed or delivered to the applicant for the permit or approval being considered for modification or revocation, and/or owner of the property for which the permit or approval was granted. The only exception to the 10-day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24-hour notice.

B.

Mailing of notice.

1.

Notice shall be deemed delivered two days after being mailed through the United States Postal Service, postage paid, or by some other method providing for proof of delivery, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Article 7. - DEVELOPMENT FEES

Chapter 17.170 - GENERAL PROVISIONS

This Chapter 17.170 of the Rosemead Municipal Code may be referred to as the Development Impact Fee Ordinance and is adopted pursuant to the police power of the City and under Government Code Section 66000 et seq. (Mitigation Fee Act). All words, phrases, and terms used in this Chapter shall be interpreted in

accordance with the definitions set forth in the Mitigation Fee Act, unless otherwise specifically defined herein.

(Ord. No. 949, § 5, 6-9-15)

A.

The City has prepared a Development Impact Fee Nexus Study. It shows, and the City Council finds that there is a reasonable relationship between the purpose for which the fees established by this chapter are to be used and the type of development projects on which the fees are imposed, and between the amount of the fees and the cost of the traffic, public safety, general government, and park facilities or the portion of those facilities attributable to the development on which the fees are imposed.

B.

It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, which may authorize the imposition of project specific conditions on development.

C.

It is intended that, as further provided for in this Chapter, every person who develops or redevelops land in the City pay development impact fees established by this chapter, as provided herein. No developer, property owner, or other person or entity shall be eligible to receive a building certificate of occupancy unless such developer, property owner, or other person or entity has first complied with all applicable provisions of this chapter.

(Ord. No. 949, § 5, 6-9-15)

For the purpose of this chapter, the following terms shall have the meaning set forth herein:

A.

"Applicant" means the person(s) or legal entity or entities, who may also be the property owner, who is applying for a building permit.

B.

"City" means the City of Rosemead.

C.

"Credit" means any amount credited against a DIF obligation for a development project in accordance with the provisions of Section 17.170.060 (Exemptions and Credit for Existing Development).

D.

"Development Impact Fee" and "DIF" mean each and all of the development impact fees established by this chapter.

E.

"Development Impact Fee Study," "DIF Study," and "Study", as used in this Chapter, mean the Final Draft Development Impact Fee Study dated April 21, 2015 and any present and future amendments, additions, and updates to said study, all of which are deemed included in such definitions as used in this chapter, which is on file with the Community Development Department and the City Clerk.

F.

"Industrial" means all industry, manufacturing, and warehouse development.

G.

"Mixed Uses" includes combinations of land use types in a single project. Generally, a mixed use development consists of commercial and residential uses integrated either vertically in the same structure or group of structures, or horizontally on the same development site where parking, open spaces, and other development features are shared. However, light industrial and commercial development may also be considered as mixed use. In a mixed use development, both uses are considered primary uses of the land.

H.

"Multi-family" or "Multi-Family Dwelling Unit" means a structure or portion thereof containing three or more dwelling units designed for the independent occupancy of three or more households, such as apartments and condominiums. For the purpose of DIF calculation, a second dwelling unit as defined by Government Code Section 65852.2 and regulated by Title 17, Article 3, Chapter 17.30, and Section 17.30.190 shall also be categorized as a multi-family unit.

I.

"Office" means all general, administrative business professional, corporate, and medical and dental office development.

J.

"Project," as used in this chapter, means the development or redevelopment proposal that is the subject of an application for a building permit to construct improvements on real property which are designed to be occupied for the purpose of single-family residential, multi-family residential, retail, office, or an industrial use as defined in this section.

K.

"Public Facilities" means public facilities identified in the study, including a capital improvement project list and cost estimates of the public facilities, which may be funded by the DIFs, and may include public improvements, public services, and community amenities.

L.

"Retail" as used in this chapter, means all commercial, retail and hotel/motel development.

M.

"Single-family" as used in this chapter, means residential structures that do not contain more than two dwelling units.

N.

"Vacant." For the purpose of this chapter, a nonresidential property or a multi-family residential property shall be deemed "vacant" during the two years prior to the issuance of the building permit for a new structure, if the property owners or property tenants failed to maintain an active business license for the property during the entire two year period. For the purpose of a single-family home, the property is "vacant" if records do not show energy usage consistent with occupancy of the building and/or adjacent single-family properties that were occupied during the two-year period.

(Ord. No. 949, § 5, 6-9-15)

Except as otherwise provided in this chapter, an applicant for a building permit proposing new development shall pay the following DIFs according and pursuant to the procedure set forth in this chapter:

a.

Traffic Facilities.

b.

Public Safety Facilities.

c.

General Government Facilities.

d.

Park Facilities.

The amount of each DIF shall be as established by resolution of the City Council and shall be set forth in the City's current comprehensive fee schedule in effect at the time of project submittal into building plan check.

(Ord. No. 949, § 5, 6-9-15)

A.

Calculation of DIFs. The amount of the charge due under this chapter shall be determined at the time of submittal into building plan check for the project. Following project submittal the City shall timely provide the applicant with a notice in writing, a statement of the amount of the fees and notification of the 90-day appeal period in which the applicant may protest the imposition of the fees. Said notice shall be in substantially the following form:

The conditions of project approval for your project, identified as _______, include development impact fees, more specifically described as: _______(identification of the amount of the fee). The applicant is hereby notified that the 90-day protest period to challenge such fees has begun as of the date of the fee imposition, which date was _______.

If the applicant fails to file a protest regarding the fees, as specified in California Government Code § 66020, the applicant shall be legally barred from later challenges.

B.

Payment of DIFs. The full amount shall be due and payable to the City on the date of final inspection or the date of the issuance of the certificate of occupancy, whichever occurs later. No certificate of occupancy shall be granted for the project, no one shall occupy the new dwelling unit or the new nonresidential building area, and no utility connections shall be permitted until the fee is paid in full.

C.

Mixed Uses. When improvement plans include more than one land use type, the impact fee shall be calculated separately for each land use type.

(Ord. No. 949, § 5, 6-9-15)

17.170.060 - Exemptions and credit for existing development.

A.

Exemptions. The following projects are exempt from the requirement to pay DIFs:

1.

The DIFs shall not be imposed upon a building permit for remodeling or for an addition to an existing residential structure so long as the remodeling or addition does not add a dwelling unit.

2.

The DIFs shall not be imposed upon a building permit for the demolition of an existing residential structure and the construction of a new residential structure on the same site, provided the demolished structure was not "vacant" (as defined in Section 17.170.030) prior to the issuance of a building permit for the new structure.

3.

The DIFs shall not be imposed on any alteration of a nonresidential structure, where the square footage is not increased by more than two hundred (200) square feet or ten (10) percent of the existing structure,

whichever is less, cumulatively over a two-year period, unless the alteration includes an intensification of use such as a shift to a higher cost fee category. If the alteration includes an intensification of use a credit for the existing development shall apply as outlined in Section 17.170.060.B.

4.

The following projects, square footage, and affordable residential units shall not be subject to the requirements of this chapter: places of worship, City projects, day care centers, private K-12 schools, square footage used for outdoor dining in the public right-of-way, and affordable housing units that are deed restricted to very-low income and low income households.

5.

The DIFs shall not be imposed upon a project that has been submitted with complete land use development application(s) and processing fee(s) to the City's Planning Division prior to the effective date of this chapter.

6.

There are no other exemptions to the DIF.

B.

Credit for Existing Development. For a project that involves the demolition of an existing structure and the construction of a new structure, the applicant shall be entitled to a credit in the amount of the applicable DIFs for the structure to be demolished, provided that such structure has not been vacant (as defined in Section 17.170.030), and provided that no DIF shall be reduced below $0. For nonresidential structures, the credit will be calculated based on the square footage of the existing structure to be demolished. For residential structures, the credit will be calculated based on the type and number of existing dwelling units to be demolished.

(Ord. No. 949, § 5, 6-9-15)

An applicant of any project subject to the DIFs described in this chapter may apply to the City Council for an adjustment, reduction, or waiver of the DIF based upon the absence of any reasonable relationship between the impact on public facilities of that development and either the amount of fee charged or the type of facilities to be financed. Such requests shall be subject to the process outlined below.

A.

The application shall be made in writing and filed with the City Clerk not later than the time for filing of the request for a building permit.

B.

The application shall state in detail the factual basis and legal theory for the claim of waiver, reduction or adjustment. The applicant shall bear the burden of proof of presenting substantial evidence to support the

request for an adjustment or waiver.

C.

The City Council shall consider the application at a public hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the City Council shall be final.

D.

If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee.

(Ord. No. 949, § 5, 6-9-15)

Pursuant to Government Code Section 66006, an Impact Fee Reserve Account is hereby established for each fee category. The fees paid to the City pursuant to the provisions of this Chapter shall be deposited into the appropriate Impact Fee Reserve Account and used solely for the purpose described in this Chapter. All monies deposited into the Reserve Accounts shall be held separate and apart from other City funds. All interest or other earnings on the unexpended balance in the Reserve Account shall be credited to the Reserve Account.

(Ord. No. 949, § 5, 6-9-15)

17.170.090 - Distribution of impact fee funds.

All monies and interest earnings in each of the impact fee reserve accounts shall be expended on the construction and related design and administration costs of constructing public facility improvements and purchasing land and equipment identified in the Nexus Study. Such expenditures may include, but are not necessarily limited to the following:

A.

All direct and indirect costs incurred by the City to construct facility improvements pursuant to this chapter, including but not limited to, the cost of land and right-of-way acquisition, planning, legal advice, engineering, design, construction, construction management, materials and equipment.

B.

Costs of issuance or debt service associated with bonds, notes or other security instruments issued to fund facility improvements identified.

C.

Administrative costs incurred by the City in establishing or maintaining the impact fee reserve accounts required by this chapter, including but not limited to the cost of studies to establish the requisite nexus between the fee amount and the use of fee proceeds and yearly accounting and reports.

(Ord. No. 949, § 5, 6-9-15)

A.

Periodic Review. The City shall comply with the annual and five-year reporting requirements of the Mitigation Fee Act. For facilities to be funded by a combination of impact fees and other revenues, identification of the source and amount of these non-fee revenues shall be included in the report. Identification of the timing of receipt of other revenues to fund the facilities is also important.

B.

Inflation Adjustment. To account for inflation in facility construction costs, the fee imposed by this Ordinance shall be adjusted automatically on July 1 of each fiscal year, beginning on July 1, 2018, by a percentage equal to the appropriate Construction Cost Index as published by Engineering News Record, or its successor publication, for the preceding twelve (12) months.

(Ord. No. 949, § 5, 6-9-15)

Fees collected pursuant to this chapter which remain unexpended or uncommitted for five or more fiscal years after deposit into the impact fee reserve account may be refunded as provided by State law.

(Ord. No. 949, § 5, 6-9-15)

17.170.120 - Fee revision by resolution.

The amount of the DIFs and the formula for the automatic annual adjustment established by this Chapter may be reviewed and revised periodically by resolution of the City Council. This chapter shall be considered enabling and directive in this regard.

(Ord. No. 949, § 5, 6-9-15)

The Community Development Director, or her/his designee, is authorized to adopt written administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth within this chapter.

(Ord. No. 949, § 5, 6-9-15)

Appendix A - GENERAL PLAN LAND USE MAP AND NONRESIDENTIAL FLOOR AREA RATIO

Table 1-1: Nonresidential General Plan Land Use Categories and Maximum Floor Area Ratios (FAR)

==> picture [432 x 716] intentionally omitted <==

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

ZONING CODE POLICIES

Policy 14-01

==> picture [480 x 389] intentionally omitted <==