Chapter 154 — DEVELOPMENT IMPACT FEES
San Gabriel Zoning Code · 2026-06 edition · ingested 2026-07-06 · San Gabriel
§ 154.001 OPEN SPACE AND RECREATION IMPACT FEES. ¶
(A) Findings and purpose. (1) One of the amenities that makes a city a desirable place to live and contributes to the quality of life is having adequate open space and recreational facilities within the city. (2) The City Council desires to make sure that the city has adequate open space and recreational facilities to serve its existing and future residential population. (3) The Open Space Chapter of the 2004 General Plan identifies a target of four acres of open space per 1,000 residents; the city does not have adequate facilities or funding to meet this target. (4) The City Council's purpose in enacting this section is to implement an open space and recreation fee that will be imposed on new residential development to ensure that such development is funding a share of the costs of developing open space areas to help meet the 2004 General Plan standard of four acres of open space per 1,000 residents. (B) Open space and recreation fee. (1) An open space and recreation fee is hereby established to be imposed upon all new residential development in the city in an amount to be determined by resolution of the City Council. The amount of the fee shall not exceed the new development's fair share of the costs of developing new open space and recreation facilities, including the acquisition, design, construction, equipment and financing. (2) The fees imposed by this section shall be deposited in the Park and Recreational Facilities Fund and shall be used only to finance the acquisition, expansion, and development of park, recreational and open space facilities that are needed as a result of new development within the city. (C) Credit. Any person otherwise required to pay a fee under this section may, with city approval, receive a credit when that owner constructs a park, recreation or open space improvement. The credit shall offset, on a proportionate basis without interest, the park and recreation impact fee required to be paid under this section. (Ord. 533-C.S., passed 11-16-04)
§ 154.002 SANITARY SEWER IMPACT FEE. ¶
(A) Findings and purpose. (1) Having adequate sewer capacity is essential to the health, well-being and quality of life of all of those who live and work within the city. (2) The Community Facilities Chapter of the 2004 General Plan identifies a target sewer capacity of a peak factor of two times the average flow and half full capacity. (3) Existing sewer capacity in the city is not sufficient to accommodate existing and future development within all areas of the city based on the target adopted in the 2004 General Plan. (4) The City Council's purpose in enacting this section is to implement a sanitary sewer facility fee that will be imposed on new development throughout the city to ensure that such development is funding its share of the costs to upgrade the city's sewer system to handle the additional flow created by such development, with such systems to be sized to meet the General Plan standard. (B) Sewer fee.
(1) A sanitary sewer system impact fee is hereby established to be imposed upon all new development in the city in an amount to be determined by resolution of the City Council. The amount of the fee shall not exceed the new development's fair share of the costs of the sanitary sewer improvements. (2) The fees imposed by this section shall be deposited in a Sanitary Sewer System Facilities Fund and shall be used only to finance those sewer improvements, or portions thereof, that are identified by resolution of the City Council that are needed as a result of new development within the city. (C) Credit. Any person otherwise required to pay a fee under this section shall receive a credit when that person constructs a portion of the sanitary sewer system that is to be funded by the fee. (Ord. 533-C.S., passed 11-16-04)
§ 154.003 POLICE FACILITY IMPACT FEES. ¶
(A) Findings and purpose.
(1) An adequate police department, which includes a facility large enough to accommodate the sworn and non-sworn staff, contributes to the safety, well-being and quality of life of all of those who live and work within the city.
(2) The Community Facilities Chapter of the 2004 General Plan includes a goal of providing a high level of police services for the city, which goal includes providing sufficient police facilities.
(3) The current police facilities are inadequate for the current population as well as new growth expected within the city. In order to provide adequate police facilities, it is necessary to upgrade the facilities in terms of both size and equipment.
(4) The City Council's purpose in enacting this section is to implement a police facilities fee that shall be imposed upon all new development within the city in order to ensure that such development is helping to pay its share of the costs in upgrading the city's police facilities.
(B) Police facility fee.
(1) A Police Facility fee is hereby established to be imposed upon all new development in the city in an amount to be determined by resolution of the City Council. The amount of the fee shall not exceed the new development's fair share of the costs of the new police facilities, including acquisition, design, construction and financing.
(2) The fees imposed by this section shall be deposited in the Police Facility Fund and shall be used only to finance the acquisition, design, and construction of new police facilities identified by resolution of the City Council that are needed as a result of new development within the city. (Ord. 533-C.S., passed 11-16-04)
§ 154.004 FIRE FACILITY IMPACT FEES. ¶
(A) Findings and purpose.
(1) An adequate fire department, which includes a facility large enough to accommodate staff and equipment, is essential to and contributes to the safety and quality of life of all of those who live and work within the city.
(2) The Community Facilities Chapter of the 2004 General Plan includes the goal of providing a high level of fire protection and emergency response, which goal includes the target of constructing new or modifying existing fire stations.
(3) Existing fire facilities within the city are inadequate for the current population as well as new growth expected within the city.
(4) The City Council's purpose in enacting this section is to implement a fire facility fee that will be placed on all new development in the city to ensure that such development is funding a share of the costs of upgrading the existing fire facilities.
(B) Fire facility fee.
(1) A fire facility fee is hereby established to be imposed upon all new development in the city in an amount to be determined by resolution of the City Council. The amount of the fee shall not exceed the new development's fair share of the costs of the new facility, including acquisition, design, construction and financing.
(2) The fees imposed by this section shall be deposited in the Fire Facility Fund and shall be used only to finance new fire facilities identified by resolution of the City Council that are needed as a result of new development within the city.
(Ord. 533-C.S., passed 11-16-04)
§ 154.005 TRAFFIC IMPACT FEES. ¶
(A) Findings and purpose.
(1) Traffic congestion is one factor which leads to a deterioration in the quality of life, as well as wastes productive time of those caught in traffic.
(2) Traffic congestion and interrupted traffic flow are a problem within the city and this problem will continue to worsen as the city builds out.
(3) The Mobility Chapter of the 2004 General Plan identifies level of service “D” as the target to be attained for principal intersections throughout the city. This chapter also identifies the long-range improvements to streets and intersections that are required to meet the target.
(4) The City Council's purpose in enacting this section is to implement a traffic impact fee that shall be placed upon all new development within the city in order to ensure that such development is helping to pay its share of the costs in upgrading the city's traffic system to maintain a level of service “D” at all intersections of arterial streets as required by the current General Plan. Maintaining a level of service “D” at the intersections requires a level of service “C” for the associated roadway links.
(B) Traffic impact fee.
(1) A traffic impact fee is hereby established to be imposed upon all new development within the city in an amount to be determined by resolution of the City Council. The amount of the fee shall not exceed the new development's fair share of the costs of improvements which shall be based upon that portion of the costs of the improvements attributable to that development, based upon maintaining a level of service “D” at all intersections of arterial streets.
(2) The costs shall include design, construction, financing and acquisition costs.
(3) The fees imposed by this section shall be deposited in the Traffic Impact Fund and shall be used only to finance those roadway improvements identified by resolution of the City Council that are needed as a result of new development within the city.
(C) Credit. Any person otherwise required to pay a fee under this section shall receive a credit when such person constructs a portion of the roadway system that is to be funded by the fee.
(Ord. 533-C.S., passed 11-16-04)
§ 154.006 GENERAL FEE PROVISIONS. ¶
The provisions of this section apply to each of the fees set forth above.
(A) New development. For purposes of this chapter NEW DEVELOPMENT shall have the following meanings:
(1) NEW DEVELOPMENT , when applied to the development of residential uses, including the placement of mobilehomes on real property, means that development or installation which increases the number of dwelling units on a given parcel or which increases the square footage of a residential use by at least 25% of gross floor area.
(2) NEW DEVELOPMENT , when applied to construction or installation of nonresidential buildings, means the development, construction or installation of new buildings on a given parcel or which increases the amount of floor space for nonresidential buildings by at least 25% of the gross floor area.
(B) Credit for existing development. All new development shall receive a credit for any use on the property which currently exists and which will be replaced by the new development. The fee shall only be charged for the intensification of the use. (C) Fund. Any reference in this chapter, or any resolution enacted thereunder, to a specific capital facilities fund, shall mean a separate fund or account. (D) Fee adjustment. (1) The developer of a project subject to a fee under this chapter may request a waiver or adjustment of that fee 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. (2) The request shall be made in writing and shall be processed concurrently with the development permit application for the project. If no development permit is required, the request for a fee adjustment or waiver shall be made with the application for a building permit. The request shall state in detail the factual basis and legal theory for the waiver or adjustment.
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| (3) The applicant shall bear the burden of proof of presenting substantial evidence to support the request for an adjustment or waiver. | ||
| (E) | Waiver of fee. | Upon the request of the developer, all or a portion of the fees set forth in this chapter may be waived for very low and low income housing, as defined by Cal. |
| Health and Safety Code §§ 50079.5 and 50105 respectively, when such housing is guaranteed affordability for a minimum period of 30 years. The request for such a waiver shall | ||
| be submitted in writing and shall be processed with the development permit application for the project. | ||
| (F) When any of the fees set forth above are imposed upon a residential development, the fees shall be collected in accordance with the provisions of Cal. Government Code § | ||
| 66007 as the same may be amended from time to time. Fees for all other types of development projects shall be paid prior to the issuance of the building permit. | ||
| (G) For each of the fees set forth above, the Finance Department shall timely prepare the information required by Cal. Government Code § 66006, as the same may be amended | ||
| from time to time. | ||
| (H) Whenever fees are imposed pursuant to this chapter, the city shall provide the project applicant with a notice in writing at the time of the approval of the project or at the | ||
| time of the imposition of the fees, a statement of the amount of the fees and notification of the 90-day approval 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 certain fees, dedication requirements, reservation requirements and/or other exactions | |
| more specifically described as: | (identification of the amount of the fee and description of the dedications, reservation, or other exactions) . The applicant is hereby notified that the | |
| 90-day protest period to challenge such items has begun as of the date of the project approval or the date of the fee imposition, which date was | . If the applicant | |
| fails to file a protest regarding any of the fees, dedication, reservation, or other exaction requirements as specified in Cal. Government Code § 66020, the applicant shall be legally | ||
| barred from later challenges. | ||
| (I) The fees established by this chapter are intended to establish a supplemental method for funding the cost of certain facilities and services, the demand for which will be | ||
| generated by the expected build- out of the city. The provisions of this chapter shall not be construed to limit the power of the City Council to impose any other fee or exactions or | ||
| to continue to impose existing ones on development within the city, but shall be in addition to any other requirements which the City Council is authorized to impose, or has | ||
| previously imposed within the city. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities and other | ||
| exactions required by the city, including without limitation those required by the city standard details and specifications and other applicable public works standards. Any credits or | ||
| reimbursements shall not include the funding, construction or dedications described in this division. | ||
| (Ord. 533-C.S., passed 11-16-04) |
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REFERENCES TO CALIFORNIA CODES
| Administrative Code | |
|---|---|
| State Cite | Code Section |
| Title 24, Part 8 | 150.080, 150.086 |
Business and Professions Code
| State Cite | Code Section |
|---|---|
| State Cite | Code Section |
| 460 | 122.01 |
| Div. 2, § 500 et seq. | 122.03 |
| 4600 et seq. | 122.02 |
| 4600 - 4620 | 122.02 |
| 4609(a) | 122.02 |
| 5499.1 et seq. | 153.322, 153.330, 153.331 |
| Ch. 7, § 6701 | 153.603 |
| 7300 et seq. | 122.03 |
| 7362 et seq. | 122.03 |
| 7395.1 | 122.03 |
| 8771 | 152.24 |
| 10000 et seq. | 110.61 |
| 16000 | 122.01 |
| 19986(h) | 116.010 |
| 22435.1 | 126.04 |
| 23000 et seq. | 114.026 |
| Div. 10 | 153.516 |
| Div. 10 (§§ 26000 et seq.) | 153.516 |
| 26320 | 153.518 |
| 26322 | 153.518 |
| 26070.5 | 153.517 |
Civil Code
| State Cite | Code Section |
|---|---|
| State Cite | Code Section |
| 683.110 - 683.220 | 11.13 |
| 697.340 | 11.13 |
| 1351 et seq. | 153.380 |
| 1351 | 50.027, 153.451 |
| 1352 | 153.381 |
| 1363.1 | 153.381 |
| 3479 | 98.02 |
| 3480 | 98.02 |
| Div. 4, Part 3 | 95.67 |
| 4080 | 150.168 |
Civil Procedure Code
| State Cite | Code Section |
|---|---|
| § 731 | 153.522 |
| 1094.5 | 122.34 |
| --- | --- |
| 1094.6 | 35.097, 121.07, 121.14, 121.32, 121.36, 122.34 |
| Part 2, Ch. 2 | 95.67 |
Education Code
| State Cite | Code Section |
|---|---|
| Art. 13 (commencing with § 49580) to Ch. 9 of Part 27 of Div. 4 of Title 2 |
50.031 |
| 94300 et seq. | 121.01 |
Family Code
| State Cite | Code Section |
|---|---|
| 7002 | 130.53 |
Government Code
| State Cite | Code Section |
|---|---|
| State Cite | Code Section |
| Title 7, Ch. 3, Div. 1, Art. 12 | 153.162 |
| Div. 104, Part 9, Ch. 8 (commencing with § 114960) | 50.027 |
| Div. 104, Part 14, (commencing with § 117600) | 50.027 |
| 900 et seq. | 35.003 |
| 910 | 35.004 |
| 913 | 35.096 |
| 935 | 35.005 |
| 935(b) | 35.097 |
| 940 - 949 | 35.006 |
| 945.6 | 35.005, 35.096 |
| 946 | 35.096 |
| 950 - 951 | 35.006 |
| 6254.10 | 153.603 |
| 9611 | 35.087 |
| 12650 et seq. | 35.100 |
| 36516 | 30.02 |
| 36518 - 36521 | 34.67 |
| 36900 - 26901 | 10.99 |
| 36900 | 130.18 |
| 36903 - 36904 | 10.99 |
| 36937 | 10.15 |
| 37100 | 122.01 |
| 37203 | 34.09 |
| 37209 | 32.24 |
| 37361 | 153.601 |
| 38773.5 | 90.14 |
| 40601 | 34.38 |
| 40801 et seq. | 31.10 |
| 40802 - 40805 | 32.24 |
| 40805.5 | 32.24 |
| 50280 et seq. | 153.603 |
| 50280 through 50290 | 153.627 |
| 51030 et seq. | 122.01 |
| 51038(c)(4) | 127.02 |
| 51179 | 96.05 |
| 51500 et seq. | 35.001 |
| --- | --- |
| 53069.4 | 11.01, 11.20 |
| 53730 - 53737 | 34.50 |
| 53750 | 35.092 |
| 53750(h)(2) | 35.092 |
| 54201 - 54205 | 34.25 |
| 54956 | 33.33 |
| 6250 et seq. | 50.038 |
| 65090 | 153.474 |
| 65091 | 121.32, 121.36, 153.245, 153.266, 153.358, 153.474 |
| 65100 et seq. | 33.30, 33.40 |
| 65350 et seq. | 153.475 |
| 65402 | 152.01 |
| 65450 et seq. | 153.290, 153.300 |
| 65582 | 153.162 |
| 65583.2 | 153.162 |
| 65589.5 | 153.162 |
| 65589.5(d)(2) | 153.456 |
| 65651 | 153.162 |
| 65652 | 153.162 |
| 65850 | 153.601 |
| 65850.5 | 150.160 |
| 65850.7 | 150.300 |
| 65850.55 | 150.167 |
| 65852.1 | 153.055 |
| 65852.2 | 153.055 |
| 65852.21 | 153.003, 153.048 |
| 65852.22 | 153.047 |
| 65852.26 | 153.047 |
| 65854 | 153.474 |
| 65905 | 153.245, 153.266 |
| 65915 | 153.162 |
| 65915 et seq. | 153.451 |
| 65915 - 65918 | 153.450 |
| 65915(c)(2) | 153.456 |
| 65915(c)(3) | 153.459, 153.162 |
| 65915(d)(1) | 153.454 |
| 65915(d)(2) | 153.454 |
| 65915(e)(1) | 153.455 |
| 65915(g)(2)(E) | 153.456 |
| 65915(h) | 153.456 |
| 65915(h)(2) | 153.456 |
| 65915(9) | 153.456 |
| 65943 | 153.402, 153.162 |
| 66006 | 154.006 |
| 66007 | 154.006 |
| 66015 | 150.167 |
| 66020 | 154.006 |
| 66140 et seq. | 152.02 |
| 66411.7 | 153.003, 153.048 |
| 66451.3 | 152.10 |
| 66452.5 | 152.13 |
| 66452.6 | 152.11 |
| 66473.5 | 152.13 |
| 66474 | 152.13 |
| 66474.1 | 152.13 |
| 66474.2 | 152.48 |
| 66474.6 | 152.13 |
| 66483 | 152.20 |
| 66484 | 152.21 |
| 66498.1 | 152.40 |
| --- | --- |
| 66499 | 152.22 |
| 66499.3 | 152.22 |
| 68632(a) | 127.05 |
| 81004 | 40.01 |
| 84100 | 40.01 |
| 84602(a)(2) | 40.01 |
| 84615(a) | 40.01 |
| 87200 | 40.01 |
| 87300 | 40.01 |
| 114079 | 50.031 |
Health and Safety Code
| State Cite | Code Section |
|---|---|
| State Cite | Code Section |
| Art. 1 (commencing with § 17960) of Ch. 5 of Part 1.5 of Div. 13 |
153.047 |
| Ch. 6.95 | 96.40 |
| 7050.5 | 153.630 |
| Div. 13, Part 2.5 | 153.451 |
| 11018.5 | 153.515 |
| 11054 - 11058 | 122.02 |
| 11550 | 122.02 |
| 17951 | 150.167 |
| 17958.1 | 153.003 |
| 17980.12 | 153.047 |
| 18007 | 153.003 |
| 25500 et seq. | 96.41 |
| 25501 | 96.42 |
| 25513 | 96.44 |
| 39730.5 | 34.80, 50.027 |
| 39730.6 | 34.80, 50.027 |
| 39730.7 | 34.80, 50.027 |
| 39730.8 | 34.80, 50.027 |
| 50052.5 | 153.451 |
| 50079.5 | 154.006, 153.162 |
| 50105 | 154.006 |
| 50675.2(h) | 153.100 |
| 50675.14 | 153.162 |
| 50675.14(b) | 153.100 |
| 50801 | 153.151 |
| 11362.5(e) | 153.516 |
| 11362.7 | 153.516 |
| 11362.7(f) | 153.516 |
| 11362.71 | 153.518 |
| 11362.765 | 153.516 |
| 113700 et seq. | 153.518 |
| 113783 | 50.027 |
| 113789 | 50.027 |
| 113841 | 50.027 |
| 113842 | 50.027 |
| 118910 | 125.25 |
Penal Code
State Cite
Code Section
| State Cite | Code Section |
|---|---|
| 19 | 10.99 |
| 266h | 122.02 |
| 266i | 122.02 |
| 290 | 121.01, 122.02 |
| 302 | 130.21 |
| 314 | 122.02 |
| 315 | 122.02 |
| 316 | 122.02 |
| 318 | 122.02 |
| 330a | 116.011 |
| 337j(e) | 116.010 |
| 365 | 130.19 |
| 372 | 95.67 |
| 403 | 130.21 |
| 415 | 122.02 |
| 597.5(a) | 92.81 |
| 599(aa) | 92.81 |
| 602 | 122.02 |
| 626.10 | 130.05 |
| 647(a),(b) or (d) | 122.02 |
| 653.22 | 122.02 |
| 653.23 | 122.02 |
| 853.6 | 10.32 |
| 1203.4 | 122.02 |
| 11225 et seq. | 121.01 |
| 11225 - 11235 | 122.02 |
| 13510(c) | 32.51 |
| 13512 | 32.51 |
| 13522 | 32.51 |
| Title 9, Part 1, Ch. 9 | 116.011 |
| Title 9, Part 1, Ch. 10 | 116.019 |
| 14051 | 150.21 |
Public Contract Code
| State Cite | Code Section |
|---|---|
| State Cite | Code Section |
| 12200 | 34.80 |
| 12209 | 34.80 |
| 20160 et seq. | 34.25 |
| 22000 et seq. | 34.75 |
| 22032 | 34.75 |
| 22032 et seq. | 34.75 |
| 22034 | 34.76 |
| 22036 | 34.77 |
| 22150 to 22154 | 34.80 |
Public Resource Code
| State Cite | Code Section |
|---|---|
| State Cite | Code Section |
| Div. 13 (commencing with § 21000) | 153.162 |
| Div. 30 | 50.027 |
| Div. 30, Part 3, Ch. 12.8 (commencing with § 42649) | 50.025 |
| Div. 30, Part 3, Ch. 12.9 (commencing with § 42649.8) | 50.025 |
| Div. 30, Part 3, Ch. 13.1 (commencing with § 42652) | 34.80, 50.027 |
| 5024.1.g(4) | 153.605 |
| --- | --- |
| 5029 | 153.609, 153.610 |
| 5097.98 | 153.630 |
| 21000 et seq. | 112.303 |
| 21080(e) | 153.621 |
| 21080.3.1 | 153.630 |
| 21081.6 | 153.630 |
| 21155 | 153.047 |
| 40000 et seq | 50.025 |
| 40141 | 50.027 |
| 40181 | 50.027 |
| 40191 | 50.027 |
| 40195.1 | 34.80, 50.027 |
| 41500 | 50.027 |
| 41730 | 50.025 |
| 41731 | 50.025 |
| 41734 | 50.025 |
| 41734.5 | 50.025 |
| 41735 | 50.025 |
| 41736 | 50.025 |
| 41780.01 | 50.025 |
| 41800 | 50.025 |
| 41802 | 50.027 |
| 42926 | 50.025 |
| 44004 | 50.025 |
| 50001 | 50.025 |
Public Utilities Code
| State Cite | Code Section |
|---|---|
| State Cite | Code Section |
| 280.5 | 112.302 |
| 799 | 35.087, 35.101, 35.107 |
| 21411 | 35.125 |
| 4303 | 110.67 |
| 5860 | 112.301 |
| 5870 | 112.301 |
| 5885 | 112.303 |
| 5900 | 112.302 |
| 6354(e) | 35.095 |
Revenue and Taxation Code
| State Cite | Code Section |
|---|---|
| State Cite | Code Section |
| 439 et seq. | 153.603 |
| 5096 | 35.025 |
| 6001 et seq. | 35.122 |
| 6067 | 35.037, 35.124 |
| 6203 | 35.038, 35.123 |
| 6366 | 35.038, 35.125 |
| 6366.1 | 35.038, 35.125 |
| 6701 | 35.038, 35.123 |
| 6702 | 35.038, 35.123 |
| 6711 | 35.038, 35.123 |
| 6715 | 35.038, 35.123 |
| 6737 | 35.038, 35.123 |
| --- | --- |
| 6797 | 35.038, 35.123 |
| 6828 | 35.038, 35.123 |
| 7251 et seq. | 35.117 |
| 7284.6 | 35.091, 35.095 |
| 7284.7 | 35.095 |
| 7285.9 | 35.117 |
| 10783 | 72.073 |
| 11901 | 35.015 |
| 11921 - 11929 | 35.018 |
| 23701 | 130.07 |
| Div. 2, Part 1 | 35.037, 35.038, 35.123, 35.126 |
| Div. 2, Part 1.5 | 35.036 - 35.040 |
| Div. 2, Part 1.6 | 35.117, 35.122, 35.125, 35.127 |
| Div. 2, Parts 1.6, 1.7 | 35.117, 35.126 |
| Div. 2, Part 6.7 | 35.024 |
Vehicle Code
| State Cite | Code Section |
|---|---|
| State Cite | Code Section |
| 2453 | 96.43 |
| 4000 et seq. | 35.125 |
| 9105 | 72.073 |
| 9840 et seq. | 35.125 |
| 11701 - 11714 | 113.04 |
| 12110(b) | 70.40 |
| 22650 et seq. | 90.04 |
| 22660 | 90.01 |
| 23112.5 | 96.43 |
| 42002 | 10.99 |
Water Code
| State Cite | Code Section |
|---|---|
| n/a | n/a |
Welfare and Institutions Code
| State Cite | Code Section |
|---|---|
| Div. 8, Ch. 6.5 | 153.162 |
| 5116 | 153.031, 153.032, 153.240 |