Torrance Municipal Code Art. 7 Community Services Facilities Impact Fees

a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for community services facilities.

b) Failure to enhance the ability of the City’s community services facilities to accommodate increased demand on these facilities could cause unacceptable harm to the quality of life in the City.

c) Sources of City revenue other than community services facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on community services facilities created by new development.

d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s community services facilities. The City may therefore require developers to mitigate community services facilities impacts caused by their development and to pay community services facilities impact fees that will be used to mitigate those impacts by constructing community services facilities pursuant to the most current Community Services Facilities Plan.

e) The amount of community services facilities impact fees collected pursuant to this Chapter shall be limited to the cost of community services facilities impact mitigation attributable to new development. The amount of community services facilities impact fees collected shall not include the cost of community services facilities impact mitigation measures made necessary by existing development.

a) Except as provided in Section 29.7.4, the required community services facilities impact fees for a residential building shall be paid in an amount established by resolution of the City Council. The required community services facilities impact fees shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.

b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the community services facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the community services facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.

c) For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.

d) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.

a) Except as provided in Section 29.7.4, the required community services facilities impact fees for a non-residential development shall be paid in an amount established by resolution of the City Council. The required community services facilities impact fees shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.

b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the community services facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the community services facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.

c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.

a) The following uses and types of developments may be exempted from the payment of community services facilities impact fees:

1. Any residential development that does not increase the number of permanent housing units and accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.

2. The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.

3. The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or C) increase the average daily trips generated from the property above the amount generated by the prior use of the property.

4. Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.

5. Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.

b) A developer may be exempted or allowed a reduction in fees from the community services facilities impact fees requirements of Sections 29.7.2 and 29.7.3 if the developer enters into a development agreement with the City pursuant to which community services facilities impact fees are assessed to the developer, or equivalent or comparable community services facilities improvements are implemented by the developer.

c) A developer may be entitled to a reduction in the amount of the community services facilities impact fees required by Sections 29.7.2 and 29.7.3 if the developer constructs community services facilities improvements pursuant to the most current Community Services Facilities Plan. The community services facilities impact fees may be reduced by the amount of community service facilities improvement costs that would be reasonably incurred by the City in building those same community services facilities improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the community services facilities improvement.

d) A developer may be entitled to a reduction in the amount of the community services facilities impact fees required by Sections 29.7.2 and 29.7.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current Community Services Facilities Plan. The community services facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of community services facilities improvements. The amount of such reduction shall not exceed the amount of the community services facilities impact fees required by Sections 29.7.2 and 29.7.3.

e) The Community Development Director may grant a reduction in the amount of the community services facilities impact fees required by Sections 29.7.2 and 29.7.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.

f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the community services facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.

a) A developer subject to the community services facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the community services facilities, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.

b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.

c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant.

d) The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.

e) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.

f) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.

g) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the community services facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.

h) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.

Pursuant to California Government Code Section 66006, all community services facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing community services facilities improvements pursuant to the most current Community Services Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use community services facilities impact fees collected pursuant to this Chapter for the purpose of constructing community services facilities improvements in accordance with the most current Community Services Facilities Plan as altered or amended.

Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of community services facilities impact fees required by Section 29.7.2 or 29.7.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.7.2(a) for residential community services facilities impact fees or Section 29.7.3(a) for non-residential community services facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.

The amount of the community services facilities impact fees may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new Community Services Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.