Article VII — Jacinto Creek Impact Fee

The following definitions apply in this article:

• "Jacinto Creek finance plan" means the Jacinto Creek finance plan update adopted by the city council on July 19, 2016 (Resolution No. 2016-0256), and any amendments approved by the city council. "Jacinto Creek impact fee" means the fee established by section 18.56.920 to finance the design, construction, installation, improvement, and acquisition of the infrastructure identified in the Jacinto Creek finance plan.

• "Jacinto Creek infrastructure fund" means the infrastructure fund created by section 18.56.930.

"Jacinto Creek planning area" means the area identified in the resolution adopted by the city council on June 20, 1995 (Resolution No. 95-351), and any amendments approved by the city council. (Ord. 2017-0016 § 2)

The Jacinto Creek impact fee is established and imposed on all parcels located within the Jacinto Creek planning area for the following types of development:

• A. For residential development:

1. Construction of a new building or structure containing one or more dwelling units.

2. Alteration or addition to an existing building or structure that adds one or more dwelling units to the existing building or structure.

3. Change in use of an existing building or structure from a previous nonresidential use to a residential use, provided that the landowner shall be entitled to a credit against fees in the amount of fees that were actually paid for the previous nonresidential use.

• B. For nonresidential development:

1. Construction of a new building or structure.

2. Alteration or addition to an existing building or structure that results in the expansion in the size or use of the existing building or structure.

3. Change in use of an existing building or structure from a previous residential use to a nonresidential use, or from a previous nonresidential use to another nonresidential use requiring a certificate of occupancy under the building regulations adopted by the city or pursuant to this code, provided that the landowner shall be entitled to a credit against fees in the amount of fees that were actually paid for the previous residential or nonresidential use. (Ord. 2017-0016 § 2)

• A. The Jacinto Creek infrastructure fund is established. The city shall deposit all revenues generated by the Jacinto Creek impact fee, and any interest earned on the fund balance, into the fund.

B. The city shall use the Jacinto Creek infrastructure fund to:

1. Finance the design, construction, installation, improvement, and acquisition of the infrastructure identified in the Jacinto Creek finance plan.

2. Reimburse the city for the costs of administering the Jacinto Creek impact fee, the Jacinto Creek infrastructure fund, and this article.

3. Reimburse landowners and holders of development credits consistent with Section 18.56.740 and the Jacinto Creek finance plan. (Ord. 2017-0016 § 2)

A. The city council, by resolution or agreement, may establish policies and procedures for issuance of development credits against the Jacinto Creek impact fee for Jacinto Creek infrastructure constructed by a landowner, or for reimbursement of the portion of a landowner's costs to construct Jacinto Creek infrastructure that exceeds the landowner's Jacinto Creek impact fee obligation, if the city has Jacinto Creek infrastructure funds available to pay the reimbursement. The policies and procedures shall be consistent with the following:

1. A landowner may only construct infrastructure and facilities for development credits or reimbursement with advance approval by a written fee credit or reimbursement agreement. 2. Development credits do not run with the land.

2. Development credits are transferrable through a transfer agreement signed by both parties and approved by the city.

• B. After the landowner constructs the Jacinto Creek infrastructure, the city shall determine the development credit or reimbursement amounts, if any, based on the terms of the fee credit or reimbursement agreement. The landowner may appeal the decision as set forth in section 18.56.155. (Ord. 2017-0016 § 2)

If there is any conflict between a provision of this article and any other provision of this chapter, the provision of this article governs. (Ord. 2017-0016 § 2)