Tulare Municipal Code Ch. 8.56 Development Impact Mitigation Fees

The City Council of the City of Tulare hereby finds and declares as follows.

(A) The State of California, through the enactment of Cal. Gov't Code §§ 66001 through 66009 has, among other things, determined the nexus that must be established in the enactment of development impact fees.

(B) The imposition of development impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of public facilities and service improvements necessary to accommodate new development. This must be done in order to promote and protect the public health, safety and welfare.

(C) This chapter recognizes that all new development within the city will result in additional growth and that the growth will place additional burdens on various city facilities, infrastructure and services. This chapter further recognizes the types of land development that will generate impacts necessitating the acquisition of land and construction of public facilities and expansion of services and infrastructure in order to meet and accommodate them.

(D) All land uses within the city should bear a proportionate financial burden in the construction and improvement of public facilities and services necessary to serve them.

(E) The cost of providing public facilities and service improvements occasioned by development projects within the City of Tulare exceeds the revenue generated by fees exacted from the development projects.

(F) The City of Tulare hereby adopts the Impact Fee report from TischlerBise dated October 22, 2019 which establishes the costs for providing public facilities and service improvements occasioned by development projects within the City of Tulare.

(G) The development impact fees established by this chapter are based upon the costs which are generated through the need for new facilities and other capital acquisition costs required, incrementally by new development within the City of Tulare.

(H) The fees established by this chapter do not exceed the reasonable cost of providing public facilities occasioned by development projects within the City of Tulare.

(I) The fees established by this chapter relate rationally to the reasonable cost of providing public facilities occasioned by development projects within the City of Tulare, which public facilities are consistent with the General Plan and the various Elements of the General Plan of the City of Tulare.

(J) The public facilities and anticipated future development herein referenced are based upon an analysis of existing land use and zoning.

(K) The fees established by this chapter are consistent with the goals and objectives of the city's General Plan and are designed to mitigate the impacts caused by new development throughout the city. Development impact fees are necessary in order to finance the required public facilities and service improvements and to pay for new development's fair share of their construction costs.

(L) Imposition of fees to finance public facilities and service improvements is necessary in order to protect the public health, safety and welfare.

(Ord. 19-08, passed 12-17-2019)

For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them by this section.

CITY COUNCIL. In addition to the City Council of the City of Tulare, the Tulare Board of Public Utilities Commissioners whenever the Board is the appropriate decision making body as established by the City Charter.

DEVELOPMENT PROJECT. Any project undertaken for the purpose of development. DEVELOPMENT PROJECT shall include a project involving the issuance of a permit for construction or reconstruction, remodeling, or any work requiring any permit under the ordinances of the City of Tulare, as the same presently exist or may be amended from time to time hereafter. The term DEVELOPMENT PROJECT shall also include permits for erection of manufactured housing or structures, and structures moved into the city.

FEE. A monetary exaction, other than a tax or special assessment, which is charged by the city to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Cal. Gov't Code § 66477, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Cal. Gov't Code Article 2.5 (commencing with § 65864) of Chapter 4, Division 1, Title 7.

LOW-DENSITY. Property located in City of Tulare zoning classifications A, UR and RA.

PUBLIC FACILITIES. Includes public improvements, public services and community amenities.

(Ord. 19-08, passed 12-17-2019)

The following development impact fees are hereby established and imposed on the issuance of all building permits for development within the city to finance the cost of the following categories of public facilities and improvements required by new development. The development impact fees consist of the following fees that are hereby established:

(A) Fire. A development impact fee is hereby established for fire that includes components for facilities, apparatus and a proportionate share of the cost of the city's development impact fee study.

(B) General government. A development impact fee is hereby established for general government that includes components for facilities, corporation yard improvements, and a proportionate share of the cost of the city's development impact fee study.

(C) Library. A development impact fee is hereby established for the Tulare City Library that includes components for materials, facilities, and a proportionate share of the cost of the city's development impact fee study.

(D) Parks. A development impact fee is hereby established for parks that includes components for community parks, recreation facilities, trails, and a proportionate share of the cost of the city's development impact fee study.

(E) Police. A development impact fee is hereby established for police that includes components for facilities, vehicles, and a proportionate share of the cost of the city's development impact fee study.

(F) Transportation. A development impact fee is hereby established for transportation that includes components for local streets, grade separations, bridges, state highways, and a proportionate share of the cost of the city's development impact fee study.

(G) Storm drainage. A development impact fee is hereby established for storm drainage that includes components for pipelines, basins, pump stations and a master plan.

(H) Wastewater. A development impact fee is hereby established for wastewater that includes components for collection system improvements, treatment plant improvements, the wastewater master plan, and a proportionate share of the cost of the city's development impact fee study.

(I) Water. A development impact fee is hereby established for water that includes components for pipelines, wells, storage, the water master plan, and a proportionate share of the cost of the city's development impact fee study.

(J) Groundwater recharge. A development impact fee is hereby established for groundwater recharge that includes components for recharge facilities and surface water.

(Ord. 19-08, passed 12-17-2019)

(A) Any person who, after the effective date of the ordinance codified in this chapter, seeks to develop land within the city by applying for a building permit or applying for any discretionary land use permit, is hereby required to pay the appropriate development impact fees established pursuant to this chapter as the same may be applicable, in the manner, amount and for the purposes therein referenced.

(B) No permits or extension of permits for the activities referenced in division (A) of this section shall be granted unless and until the appropriate development impact fees hereby required have been paid to the city.

(C) Notwithstanding anything to the contrary set forth in division (A) of this section or in any other provision of this chapter, the development impact fees as established pursuant to this chapter shall not apply to any development project which has heretofore received a tentative map approval or other discretionary land use approval from the city, prior to the effective date of the ordinance codified in this chapter, nor to any application for approval which was submitted in completed form to the city prior to October 22, 2019; provided that:

(1) Any portion of a development project which has already received discretionary approval, or for which a completed application has been submitted prior to October 22, 2019, which requires future discretionary approvals, shall be subject to the fees in effect at the time of such further approvals. For purposes of this division (C)(1) only, a design review application requirement is not deemed to be an additional discretionary land use permit with reference to existing lots of 20,000 square feet or less zoned multiple family, commercial or industrial;

(2) Any portion of an existing development project, or an existing lot zoned multi-family, commercial or industrial, consisting of 20,000 square feet or less, which requires no further discretionary land use approvals, other than design review application approval, not completed within two years of the effective date of the ordinance codified in this chapter shall be subject to the development impact fees in effect as of the time that building permits are issued. For purposes of this division (C)(2) only, completion within two years of the effective date hereof, shall mean the existence of a lot created by an approved map which requires no additional discretionary land use permit or approval; and

(3) Provided further that any existing approvals, which expire after October 22, 2020, shall be required to pay the development impact fees in existence at the time of issuance of a building permit, as a condition of the granting of any extension of time for the approval.

(D) Any person who, after the effective date of this chapter, installs a second dwelling unit on a single family parcel, in accordance with Chapter 10.144 of the Municipal Code, is hereby required to pay development impact fee equal to 50% of the appropriate fees for single-family residences otherwise established pursuant to this chapter.

Editor's note:

Ord. 1723 was adopted as an emergency measure on January 4, 1994, to clarify the City Council's intent, when § 8.56.040 was originally adopted. As an emergency measure Ord. 1723 went into effect immediately.

(Ord. 19-08, passed 12-17-2019)

Each fee imposed by this chapter shall be adjusted on July 1 of each fiscal year, beginning on July 1, 2020, by resolution of the City Council, or as soon thereafter as practical. In the alternative, the Council may elect, by resolution, to automatically adjust fees by a percentage equal to the Engineering Cost Index as published by Engineering News Record for the preceding 12 months or any other index, which the Council adopts by resolution. Any such automatic adjustments shall not apply to fees which are based on variable factors which themselves result in an automatic adjustment or those which are specifically indicated otherwise.

(Ord. 19-08, passed 12-17-2019)

Each fee collected pursuant to this chapter shall be deposited in a special fund created to hold the revenue generated by each such fee. Monies within each such fund may be expended only by appropriation by the City Council for specific projects which are of the same category as that for which the money was collected. In this regard, the following special funds are hereby created and established for the purposes indicated.

(A) A Fire DIF Fund is hereby established. The Fire DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated cost of fire stations and apparatus, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.

(B) A General Government DIF Fund is hereby established. The General Government DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of constructing and improving the general municipal facilities within the city, including the corporation yard and related facility planning studies, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.

(C) A Library DIF Fund is hereby established. The Library DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of materials and facilities within the city, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.

(D) A Parks DIF Fund is hereby established. The Parks DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of constructing and improving community parks and recreation facilities, community centers, and trails that serve the entire city, not just a specific neighborhood, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.

(E) A Police DIF Fund is hereby established. The Police DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of law enforcement buildings and vehicles, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.

(F) A Transportation DIF Fund is hereby established. The Transportation DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of the design, upgrading or improvement of city arterials, intersections, traffic signals, railroad grade separations, bridges and state highway improvements, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.

(G) A Storm Drainage DIF Fund is hereby established. The Storm Drainage DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of constructing and improving the storm drain facilities within the city, including any required acquisition of land, preparation of the Storm Drain Master Plan, and a proportionate share of the costs of the city's development impact fee study.

(H) A Wastewater DIF Fund is hereby established. The Wastewater DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of constructing and improving the sewer collection system and wastewater treatment facilities within the city, including any required acquisition of land, preparation of Wastewater Master Plans, and a proportionate share of the costs of the city's development impact fee study.

(I) A Water DIF Fund is hereby established. The Water DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated cost of constructing and improving the potable water supply, water distribution, and holding facilities within the city, including any required acquisition of land and/or the purchase of any required water rights, and a proportionate share of the costs of the city's development impact fee study.

(J) A Groundwater Recharge DIF Fund is hereby established. The Groundwater Recharge DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of land acquisition, construction, and equipment to develop groundwater recharge facilities, the capital cost of diverting seasonal surface water to recharge basins, and a proportionate share of the costs of the city's development impact fee study.

(Ord. 19-08, passed 12-17-2019)

Residential projects shall pay a development impact fee based on a per unit basis, excepting that Storm Drainage and Groundwater Recharge fees will be calculated on a per acre basis. Non-residential projects shall pay development impact fees based on a per square foot of building area basis, excepting that Wastewater and Water fees will be based upon water meter size, and Storm Drainage and Groundwater Recharge fees will be calculated on a per acre basis. Public properties shall be classified into either the residential, commercial or industrial land use category, and shall pay fees pursuant to that classification, as determined by the Director of Planning of the city (herein "Planning Director") or his or her duly authorized designee. All fees due hereunder shall be determined and calculated by the City Engineer (herein "City Engineer") or his or her duly authorized designee. The City Engineer or his or her designee shall have the further authority to determine the specific amount of development impact fees to be assessed against a use which is not specifically or typically associated with the various land use zone districts for which the development impact fees are established. In the determination and calculation, the City Engineer shall establish a written record of the calculation and nexus to infrastructure impacts for the projects identified above.

(Ord. 19-08, passed 12-17-2019)

The fees established pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided below.

(A) Fees imposed on residential development shall be collected in accordance with the provisions of Cal. Gov't Code § 66007, as the same presently exists or may hereafter be amended from time to time. An applicant for a residential building permit may request that payment be deferred until the date of final inspection. The request shall be approved when the property owner posts proper security in the form of cash deposit, letter of credit or other similar instrument retrievable at the time a request is made for final inspection and fees paid, or executes a contract to pay the fee at the time a request is made for final inspection. The form and manner of the security or contract shall be approved by the City Manager.

(B) Fees imposed on industrial and commercial development may be deferred by action of the City Council. The action shall consist of the adoption of a resolution consistent with the following terms and conditions:

(1) A determination is made that such action will promote and stimulate economic development within the city. The City Council shall make specific findings setting forth how the subject project accomplishes this goal;

(2) Establish a specific timetable for payment in full of the deferred fees. The City Council may also require a percentage to be paid with the issuance of a building permit. In no event shall deferral of payment in full be permitted for more than five years;

(3) Interest on the unpaid portion of deferred impact fees shall accrue at a rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted and shall be articulated in the resolution. Interest shall be due and payable, in full, with the final payment, although interest may be paid earlier at the election of the party developing the project;

(4) A written guarantee of payment in full of the impact fees, in the form of a surety bond or some other form of surety instrument as may be acceptable to the City Engineer and the City Attorney, shall be executed and delivered to the city prior to the issuance of a building permit for the project. Interest in real property may be deemed an appropriate form of surety; and

(5) A determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

(C) Development impact fees shall be paid prior to map recordation or deed recordation on parcels intended for water well sites, storm drainage basins, park, police, fire or other government facilities.

(D) The term "building permit" as used herein includes any permits required for construction, reconstruction, remodeling, moving structures into the city, and the like, such as electrical and plumbing permits, moving permits and the like.

(E) The fees created pursuant to this chapter shall be calculated on the basis of building area, or number of units, as set forth in the resolution referenced in § 8.56.030 of this chapter. All fees collected shall be promptly deposited in the appropriate fund referenced in § 8.56.060 of this chapter. All fees paid pursuant to this chapter shall be the fees in effect at the time of collection; provided that fees collected pursuant to division (B) hereinabove shall be those in effect at the time the City Council adopts the required resolution.

(Ord. 19-08, passed 12-17-2019)

(A) A developer of any project subject to the fees described herein may apply to the City Council for a reduction, adjustment, or waiver of any one or more of the fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee(s) charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than:

(1) Ten days prior to the public hearing on the development permit application for the project; or

(2) If no development permit is required, at the time of the filing of the request for a building permit.

(B) The application shall state in .detail the factual basis for the claim of waiver, reduction or adjustment.

(C) The City Council shall consider the application at the public hearing on the permit application or at a separate public hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The hearing shall be noticed and conducted in the same fashion and manner as prescribed by the laws of the city for hearing on development permits. The decision of the City Council shall be final.

(1) 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 if the change in use would render the same inappropriate.

(2) The City Council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations which will apply to reductions, adjustments or waivers of development impact fees which may be made pursuant to this section. In this regard, this chapter shall be considered enabling and directory.

(Ord. 19-08, passed 12-17-2019)

(A) Funds collected from development impact fees shall be used for the purpose of:

(1) Paying the actual or estimated costs of constructing and/or improving the public facilities within the city to which the specific fee or fees relate, including any required acquisition of land or rights-of-way therefor;

(2) Reimbursing the city for the development's share of those public facilities already constructed by the city or to reimburse the city for costs advanced, including, without limitation, administrative costs incurred with respect to a specific public facilities project; or

(3) To reimburse other developers who have constructed public facilities described in the resolution adopted pursuant to § 8.56.030 of this chapter, where those facilities were beyond that needed to mitigate the impact of the developer's project or projects.

(B) In the event that bonds or similar debt instruments are issued for advanced provision of public facilities for which development impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate.

(C) At least once each fiscal period, the City Manager of the City of Tulare (herein "City Manager"), or his or her duly authorized designee, shall present to the City Council a proposed five-year capital improvement program for the various public facilities referenced in the resolution adopted pursuant to § 8.56.030 of this chapter assigning monies (including any accrued interest) from the funds referenced in § 8.56.060 of this chapter to specific improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same fund until the next fiscal period except as provided by the refund provisions of § 8.56.110 of this chapter.

(D) Funds may be used to provide refunds as described in § 8.56.110.

(E) The city shall be entitled to make loans of funds collected from one fund to another, provided that the loans are properly recorded in the records of the Finance Department and repaid with interest equal to the interest earned by the city on its funds invested with the Local Agency Investment Fund (LAIF) through the state.

(Ord. 19-08, passed 12-17-2019)

(A) If a building permit expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance, except that the city shall retain 1% of the fee to offset a portion of the costs of collection and refund. The fee payer must submit an application for such a refund to the City Manager within 30 calendar days of the expiration of the permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.

(B) In the event any fee collected pursuant to this chapter remains unexpended or uncommitted in any fund established pursuant to § 8.56.060 five or more years after deposit of the fee, the city shall make findings once each fiscal year to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

(C) The unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to division (B) of this section shall be refunded to the then-current record owner or owners of lots or units of the development project or projects on a prorated basis.

(D) The provisions of Cal. Gov't Code § 66001 (d), (e) and (f) shall apply fully to any refund of fees remaining unexpended or uncommitted in any such city fund for five or more years after deposit, and the provisions of divisions (B) and (C) of this section shall be subordinate to the section and shall be applied consistent therewith.

(Ord. 19-08, passed 12-17-2019)

(A) Any claim of exemption with respect to any one or more of the fees referenced in § 8.56.030 of this chapter must be made no later than the time of application for a building permit.

(B) The following shall be exempted from payment of the development impact fees of this chapter:

(1) Alterations or renovations of an existing building or structure where no additional dwelling units are created, water meter size is not increased, and/or the use is not changed; and

(2) The replacement of a destroyed or partially destroyed or damaged building or structure with a new building or structure of the same size and use.

(3) Effective January 1, 2020, accessory dwelling units are subject to the fee exemptions and/or fee restrictions provided for within Cal. Gov't Code § 65852.2.

(Ord. 19-08, passed 12-17-2019)

(A) New development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit if the existing development is a lawful use under the Zoning Ordinance, including a nonconforming use.

(B) New development that will replace development that was partially or totally destroyed by fire, flood, earthquake, mudslide or other casualty or Act of God, is entitled to a fee credit if the development that was partially or totally destroyed was a lawful use under the Zoning Ordinance, including a nonconforming use, at the time thereof.

(C) Credit for the eliminated development or development that was partially or totally destroyed (as above specified) shall be calculated by the City Engineer in accordance with the fee schedule set forth in the resolution adopted pursuant to § 8.56.030 of this chapter and shall be applied to new development on the same site.

(Ord. 19-08, passed 12-17-2019)

(A) In-lieu fee credits for construction of improvements.

(1) A developer that has been required by the city to construct any facilities or improvements (or a portion thereof) described in the resolution adopted pursuant to § 8.56.030 of this chapter as a condition of approval of a development permit may request an in-lieu credit of the specific development impact fee(s) involved for the same development. Upon request, an in-lieu credit of fees shall be granted for facilities or improvements that mitigate all or a portion of the need therefor that is attributable to and reasonably related to the given development. To be eligible for in-lieu fee credits, the facilities or improvements must be constructed at prevailing wage rates.

(2) Only costs proportional to the amount of the improvement or facility that mitigates the need therefor attributable to and reasonably related to the given development shall be eligible for in-lieu credit, and then only against the specific, relevant fee(s) involved to which the facility or improvement relates.

(3) Fees required under this chapter shall be reduced by the actual construction costs of the facilities or improvements that relate to the fees, as demonstrated by the applicant and reviewed and approved by the City Engineer, all consistent with the provisions of divisions (A)(1) and (2) above. Subject to the applicable provisions of division (B) of this section, if the cost of the facilities or improvements is greater than required relevant fees, this chapter does not create an obligation on the city to pay the applicant the excess amount.

(4) An amount of in-lieu credit that is greater than the specific fee(s) required under this chapter may be reserved and credited toward the fee of any subsequent phases of the same development, if determined appropriate by the City Engineer. The City Engineer may set a time limit for reservation of the credit.

(5) Credits shall be calculated by the City Engineer in accordance with the fee schedule set forth in the resolution adopted pursuant to § 8.56.030 of this chapter.

(B) Developer construction of facilities exceeding needs related to development project. Whenever an applicant is required, as a condition of approval of a development permit, to construct any facility or improvement (or a portion thereof) described in the resolution adopted pursuant to § 8.56.030 , which facility or improvement is determined by the city to exceed the need therefor attributable to and reasonably related to the given development project, a reimbursement agreement with the applicant and a credit against the specific relevant fee which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The credit shall be applied with respect to that portion of the improvement or facility which is attributable to and reasonably related to the need therefor caused by the development, and shall be determined, administered and processed in accordance with and subject to the provisions of this section. The amount to be reimbursed shall be that portion of the cost of the improvement or facility which exceeds the need therefor attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the developer and the city, and shall be approved by the City Council. To be eligible for reimbursement by the city, the facilities or improvements must be constructed at prevailing wage rates.

(C) Site-related improvements. Credit shall not be given for site-related improvements, including, but not limited to, traffic signals, right-of-way dedications or providing paved access to the property, which are specifically required by the project in order to serve it and do not constitute facilities or improvements specified in the resolution referenced in § 8.56.030 of this chapter.

(D) Determination of credit. The developer seeking credit and/or reimbursement for construction of improvements or facilities, or dedication of land or rights-of-way, shall submit the documentation, including without limitation, engineering drawings, specifications and construction cost estimates based upon prevailing wage rates, and utilize such methods as may be appropriate and acceptable to the City Engineer to support the request for credit or reimbursement. The City Engineer shall determine credit for construction of improvements or facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if he or she determines that such estimates submitted by the developer are either unreliable or inaccurate. Prior to city approval of a Notice of Completion and subsequent execution of an Oversized Construction Reimbursement Agreement per Chapter 8.64: Oversized Construction Reimbursement, in which final reimbursement costs are defined, the maximum credit given for construction of improvements shall not exceed 80% of their estimated cost. The City Engineer shall determine whether facilities or improvements are eligible for credit or reimbursement.

(E) Time for making claim for credit. Any claim for credit must be made no later than the application for a building permit, or within 60 days of completion of the construction dedication, whichever occurs first. Any claim not so made shall be deemed waived.

(F) Transferability of credit; City Council approval. Credits shall not be transferable from one project or development to another without the approval of the City Council.

(G) Appeal of determinations of City Engineer. Determinations made by the City Engineer pursuant to the provisions of this section may be appealed to the City Council by filing a written request with the City Manager, together with a fee established by resolution of the City Council, within ten calendar days of the determination of the City Engineer.

(Ord. 19-08, passed 12-17-2019)

(A) Except for the first year the ordinance codified in this chapter is in effect, no later than six months following the end of each fiscal year, the City Manager shall prepare a report for the City Council identifying the balancing of fees in the various funds established pursuant to § 8.56.060 of this chapter, the facilities constructed, and the facilities to be constructed. In preparing the report, the City Manager shall adjust the estimated costs of the public improvements in accordance with the approved cost adjustment criteria established pursuant to § 8.56.050 of this chapter.

(B) At a noticed public hearing, the City Council shall review the report and the development impact fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities are still needed. The Council may revise the development impact fees to include additional projects not previously foreseen as being needed.

(C) The report prepared by the City Manager and its review by the City Council, as well as any findings thereon, shall be subject to the provisions of Cal. Gov't Code § 66001(d), to the extent applicable (which shall be controlling in the event of any conflict).

(Ord. 19-08, passed 12-17-2019)

The provisions of this chapter and any resolution adopted pursuant hereto, shall at all times be subject and subordinate to the provisions of Cal. Gov't Code Chapter 5 (commencing with § 66000), Division 1, of Title 7, as the same presently exist or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any conflict between the provisions of this chapter and the state law, the latter shall control.

(Ord. 19-08, passed 12-17-2019)

The provisions of this chapter and any resolution adopted pursuant hereto, shall supersede any previous ordinance or resolution to the extent the same is in conflict herewith.

(Ord. 19-08, passed 12-17-2019)

If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision; and the holding shall not affect the validity of the remaining portions hereof.

(Ord. 19-08, passed 12-17-2019)