Whittier Municipal Code Ch. 3.48 Development Impact Fees

The City Council of the City of Whittier, California, finds as follows:

A. The provision of new and expanded facilities and infrastructure is necessary to protect and promote the health, safety and welfare of all the citizens of the city of Whittier by reducing the adverse effects of urbanization and development.

B. It is necessary to enact and implement certain development impact fees to assure that all new development within the city pays its fair share of the costs of providing necessary public facilities and infrastructure to accommodate such new development.

C. A proper funding source for the costs associated with new development is a specific development or facilities fee for each type of facility related to the specific need created by the development and reasonably related to the relative cost of providing such necessary public facilities.

D. The City of Whittier Library Facilities and Collection and Park-Related Facilities Master Facilities Plan and Development Impact Fee Calculation and Nexus Report ("development impact fee report") justifies the imposition of each development fee on new construction by analyzing the master facility plan as defined herein, assigning the costs on a fair-share basis to the various types of new development, and assigning the resulting fee per dwelling unit, based on the anticipated burden of such new dwelling unit on city facilities and infrastructure and the need created by such dwelling unit for new and expanded facilities and infrastructure.

E. The primary purpose of the fees is to mitigate the impact on city facilities and infrastructure caused by increased demand for facilities and infrastructure from persons generated by new development.

F. The fees will be used to finance public facilities and infrastructure, specifically library, public use facilities, aquatics center, and parkland acquisition and facilities improvements.

G. The use of the fees to fund such public facilities and infrastructure is reasonably related to the impacts of residential development on the city as more fully described in the development impact fee report.

H. The need for development impact fees to fund such public facilities and infrastructure is reasonably related to impacts on the city of residential development and other development as more fully described in the development impact fee report.

I. To assure fair and legally sound implementation of the development impact fees established in this chapter, such fees shall be reviewed from time to time, but not more than once annually, and shall be set by resolution of the city council following due notice and hearing.

J. To assure fair implementation of the development impact fees established in this chapter, the city must have the latitude to defer or waive such fees in special cases, after notice and hearing, where better or fairer financing arrangements would result from such deferral, or where imposition of such fees would cause inequities.

K. To assure fair implementation of the development impact fees established by this chapter, provisions must be made for extending such fees to subsequently annexed land that benefit from the public facilities funded by these fees.

L. The provisions of this chapter are in addition to all other provisions of the Whittier Municipal Code and all new residential, as defined in this chapter, and shall be subject to the provisions of this chapter and to all other provisions of the Whittier Municipal Code.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

The city council declares the purpose of this chapter is to provide for the means to finance adequate infrastructure and other public improvements and facilities made necessary by the impacts created by new development in the city of Whittier in order to promote the health, safety and welfare of the citizens of the city. This chapter shall apply solely to construction of new dwelling units, as applicable, within the city (i.e., the "affected territory" as defined herein).

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

A. The "development impact fee report" is the City of Whittier Library Facilities and Collection and Park-Related Facilities Master Facilities Plan and Development Impact Fee Calculation and Nexus Report and any subsequent amendments thereto. This document, dated April 6, 2009, was prepared by Revenue & Cost Specialists and summarizes the needed facilities mentioned herein, their estimated costs and sets forth the required nexus findings. In addition, this document summarizes the needed facilities mentioned herein, their estimated costs and sets forth the required nexus findings. Subsequent amendments to the development impact fee report must be adopted by city council resolution at a properly noticed public hearing in compliance with state law.

B. "Affected territory" means the corporate boundaries of the city of Whittier as these may be changed from time to time.

C. "Dwelling unit" means a building or portion thereof designed exclusively for residential occupancy by one family for living and sleeping purposes, including detached dwellings (detached residential) multiple-family dwellings (attached residential and manufactured/mobile housing placed on a permanent foundation on an individual residential lot.

D. "Effective date" means the date that the fees in this chapter are eligible for collection, that date being thirty days after the adoption of a city council resolution setting the fee

E. "Mobilehome" means a detached mobilehome located in a designated mobilehome park.

F. "Master facilities plan" describes each of the facilities mentioned herein and their estimated costs. This document, dated April 6, 2009, is included in the development impact fee report and was prepared by Revenue & Cost Specialists.

G. "New development and/or new construction" means new construction of new residential dwelling unit(s).

H. "Residential development project" means construction of one or more dwelling units.

(Ord. No. 2953, § 3(Exh. A), 5-25-10; Ord. No. 3094, § 3, 10-9-18)

The city council finds as follows:

A. The library facilities, computer stations and library collections are important quality of life amenities that are necessary to serve the residents of the city. As the city increases in population, the library facilities, computer stations and library collections will become inadequate and/or overcrowded for their intended use, thus requiring construction, addition of computer stations and/or purchase of additional books and other collection items.

B. Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.

C. Provisions for library facilities, computer stations and library collections are identified in the master facilities plan, as amended, found in the development impact fee report, as amended and are necessary to provide adequate library facilities, computer stations and library collections within the affected territory.

D. The development impact fee report, as amended describes in detail the library facilities, computer stations expansion and collection needs for the affected territory and estimates of the costs of the facility, computer stations and collection expansion.

E. The entire affected territory will derive benefit from the expansion of the library facilities, computer stations and collections and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

F. After consideration of the development impact fee report, as amended and the addendum thereto and testimony at public hearings duly held, the city council hereby approves the development impact fee report, as amended and based thereon finds that new residential development in the affected territory will create library facilities, computer stations and library collection impacts which the construction and/or purchase of additional library facilities, computer stations and library collections funded by this chapter will offset.

G. The city council also finds that the costs of the library facilities, computer stations and library collections funded by this chapter are apportioned relative to the anticipated impacts created by residential and other new development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for residential development and the need for such facilities created by the proposed new development.

H. The facts and evidence establish that there is a reasonable relationship between the need for the described library facilities, computer stations and library collections and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development fee impact report, as amended.

I. The city council also finds that the cost estimates set forth in the development impact fee report, as amended are reasonable and will not exceed the reasonably estimated total of these costs.

J. The library and collection items fees collected pursuant to this chapter shall be used only to finance library, books, computer stations and other collections expansion described or identified in the city of Whittier library facilities and collection section of the master facilities plan, as amended.

K. Notwithstanding the forgoing, the herein findings, the amount of fees to be imposed and the purposes for which the fees may be used to finance; may be updated and revised by the city council with an amendment to the development impact fee report. Such amendment must be adopted by resolution at a properly noticed public hearing in compliance with state law.

(Ord. No. 3094, § 4, 10-9-18)

Editor's note— Ord. No. 3094, § 4, adopted Oct. 9, 2018, amended § 3.48.040 in its entirety to read as herein set out. Former § 3.48.040 pertained to library and collection items—findings and derived from Ord. No. 2953, § 3(Exh. A), adopted May 25, 2010.

The city council finds as follows:

A. The development of residential property in the affected territory will create a need for increased public use facilities. As a result, additional public use facilities will be needed to maintain the current level of service.

B. Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.

C. The provision of public use facilities is identified in the City of Whittier Public Use Facilities section of the master facilities plan and is necessary to provide adequate public use facilities within the affected territory.

D. The development impact fee report describes in detail the current city standard for number of public use facilities per person, the number of persons an average single family, multiple family or mobilehome park residence generates, the public use facilities required to service new development, and estimates of the costs of public use facilities to maintain the current level of service.

E. The entire affected territory will derive benefit from the public use facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

F. After consideration of the development impact fee report and testimony at a public hearing duly held, the city council hereby approves the development impact fee report and based thereon finds that new development in the affected territory will create needs for public use facilities that the acquisition of the public improvements funded by this chapter will meet.

G. The city council also finds that the costs of public use facilities funded by this chapter are apportioned relative to the anticipated impacts created by new development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for new development and the need for such facilities created by the proposed new development.

H. The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of new development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of new development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report.

I. The city council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

J. The public use facilities fees collected pursuant to this chapter shall be used only to finance additions to the public use facilities described or identified in the City of Whittier Public Use Facilities section of the master facilities plan.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

The city council finds as follows:

A. The development of residential property in the affected territory will create an increased need for aquatics center facilities. As a result, improvement to the aquatics center facilities will be needed to maintain the current level of service.

B. Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.

C. The provision of aquatics center facilities is identified in the City of Whittier Aquatics Center section of the master facilities plan and is necessary to provide adequate aquatics center facilities within the affected territory.

D. The development impact fee report describes in detail the current city standard for aquatics center facilities per person, the number of persons an average single family, multiple family or mobilehome park residence generates, the aquatics center facilities required to service new development, and estimates of the costs for improvements to the aquatics center facilities to maintain the current level of service.

E. The entire affected territory will derive benefit from the aquatics center facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

F. After consideration of the development impact fee report and testimony at a public hearing duly held, the city council hereby approves the development impact fee report and based thereon finds that new development in the affected territory will create needs for aquatics center facilities that the acquisition of the public improvements funded by this chapter will meet.

G. The city council also finds that the costs of aquatics center facility improvement funded by this chapter are apportioned relative to the anticipated impacts created by new development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for new development and the need for such facilities created by the proposed new development.

H. The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of new development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of new development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report.

I. The city council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

J. The aquatics center facilities fees collected pursuant to this chapter shall be used only to finance improvements to the community aquatics center facilities described or identified in the City of Whittier Aquatics Center section of the master facilities plan.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

The city council finds as follows:

A. The development of residential and other property in the affected territory will create a need for the acquisition of park land and construction of recreation improvements to maintain the current level of service.

B. Pursuant to Section 66000, et seq., of the Government Code and the city's police powers, the city may impose by ordinance a requirement for the payment of fees to pay for the actual or estimated costs of constructing planned park and recreation facilities.

C. Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.

D. Park land acquisition and construction of recreation improvements are essential to the city of Whittier to mitigate the negative effects of increasing urban development and to promote the health and welfare of the citizens.

E. The provision of additional park acquisition and recreation improvements is identified in the City of Whittier Parkland Acquisition and Facilities Improvement section of the master facilities plan and is necessary to provide adequate parks and recreation improvements within the affected territory.

F. The development impact fee report describes in detail the current city standards for parks and recreational facilities, the cost for park land acquisition and construction of recreation improvements and the cost thereof per new single family, multiple family, and mobilehome park residential unit.

G. The entire affected territory will derive benefit from the parks and recreation facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

H. After consideration of the development impact fee report and testimony at a public hearing duly held, the city council hereby approves the development impact fee report and based thereon finds that new development in the affected territory will create needs for park acquisition and recreation improvements that the construction and acquisition of the public improvements funded by this chapter will meet.

I. The costs of the park land acquisition and construction of recreation improvements funded by this chapter are apportioned relative to the anticipated impacts created by new development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for new development and the need for such facilities created by such proposed new development.

J. The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of new development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of new development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report.

K. The cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

L. The park land acquisition and facilities improvement fees collected pursuant to this chapter shall be used only to finance the acquisition of parkland and construction of facility improvements described or identified in the City of Whittier Parkland Acquisition and Facilities Improvement section of the master facilities plan.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

A. Each owner of a lot or parcel of property within the affected territory shall pay to the city prior to the issuance of a building permit for the construction of any residential development project as defined herein, the following fees:

1. The library and collection fee, as established by resolution of the city council, to fund the cost of expanding the library facilities, books and other collections to provide for the increase in services required as described in the master facilities plan.

2. The public use facilities fee, as established by resolution of the city council, to fund the cost to improve and renovate community and other park facilities in the master facilities plan.

3. The aquatics center facilities fee, as established by resolution of the city council, to fund the cost of renovations to the pool facility as described in the master facilities plan.

4. The park land acquisition and facilities improvements fee, as established by resolution of the city council, to fund park land acquisition and improvements to park facilities as described in the master facilities plan.

B. The fees authorized by this section shall be cumulative such that each owner of a lot or property shall be charged each applicable fee. Moreover, the amount of each of these fees shall not exceed the fair share of the estimated cost of constructing and/or acquiring the corresponding facilities described in the development impact fee report. The amount of each fee shall be reviewed and revised by resolution of the city council.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

A. Each of the fees paid pursuant to Section 3.48.080 shall be placed in a separate fund, each of which may be further segregated by specific projects. These funds shall be known, respectively, as:

1. The library and collection fee fund.

2. The public use facilities fee fund.

3. The aquatics center facilities fee fund.

4. The park land acquisition and facilities development fee fund.

B. These funds, and interest earned thereon, shall be expended solely for construction and/or acquisition of the corresponding public facilities as shown in the master facilities plan, or for reimbursement for construction and/or acquisition of those public facilities.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

A. The owner of a parcel of property otherwise required to pay a fee under Section 3.48.080 shall receive a credit for the corresponding development impact fee when that owner constructs or donates a facility or a portion thereof, identified in the master facilities plan, regardless of how it may be financed, that serves the owner's parcel or parcels. The development impact fee credit shall offset, on a proportionate basis, without interest, the corresponding development impact fee to be paid pursuant to this chapter. The facility must be built in compliance with all applicable laws governing the construction of public improvements in the city.

B. The amount of the development impact fee credit shall equal the city's most recent estimated cost of constructing and/or furnishing the facility, or the portion of the facility actually completed or purchased, by contract or utilizing city forces.

C. The owner of a parcel of property may be further entitled to a development impact fee credit where the city determines, on a case-by-case basis, that the construction of the facility, or a portion thereof, will be necessary to provide basic services to the entire affected territory even though it does not directly serve the owner's project or is of greater capacity than that required to serve the owner's project adequately.

D. The amount of the development impact fee credit shall be determined after inspection and acceptance of the facility at the time of payment of the corresponding development impact fee.

E. If an owner pays the development impact fee assessed under Section 3.48.080 and later elects, after city approval, to accelerate the development by constructing or purchasing facilities for the project, the owner may apply for and receive a refund, up to the amount of the development impact fee, for such facilities after those facilities are certified by the city as complying with the appropriate master facilities plan, city ordinances, and all other applicable laws.

F. To the extent that an owner is granted a development fee credit, such owner shall not be entitled to a future reimbursement for such facility except as provided in Section 3.48.110.

G. A development impact fee credit is an obligation of the city that runs with the land and inures to the benefit of each successor in interest of the original landowner until full credit has been received.

H. A developer may also be entitled to a credit if the city and developer have executed an agreement which specifically exempts the developer from the payment of one or more of the fees enacted under this chapter. The availability of the credit and its amount shall be determined by the city on a case-by-base basis based on the provisions of the applicable agreement.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

A. The owner of a parcel of property otherwise required to pay a development impact fee under Section 3.48.080 will be entitled to enter into a reimbursement agreement to be reimbursed from subsequently collected development impact fees the direct and verifiable costs of installing or furnishing public improvements, or portions thereof, identified in the appropriate master facilities plan where all of the following conditions are satisfied:

1. The owner has constructed a public improvement, or portion thereof, that is identified in the appropriate master facilities plan.

2. The city required that the public improvement be constructed to contain supplemental size, capacity, number or length for the benefit of property not within the owner's project.

3. The city approved, prior to construction or furnishing, the proposed budget for the project and finds any change to that budget is fair and reasonable.

4. The public improvement, or portion thereof, has been dedicated to the city for public use.

5. The public improvement, or portion thereof, has been built in compliance with all applicable laws governing the construction of public works or public improvements.

B. The city shall not reimburse the owner for costs related to financing any public facility.

C. An owner shall only be entitled to reimbursement to the extent that any public facility project benefits property not within the owner's project. Thus, an owner may receive a development impact fee credit as provided in Section 3.48.100 for the portion of a public facility that serves the owner's project and reimbursement for the oversized or extra-capacity or extended portion of a public facility that benefits subsequently developed property.

D. In no event shall an owner receive a development fee impact credit and/or reimbursement in excess of the city's most recent estimated cost of constructing the facility, or the portion of the facility actually completed, by contract or by utilizing city forces.

E. Any reimbursement agreement entered into under this section shall require the city, for a period of up to fifteen years, to reimburse the owner from the proceeds of the development impact fees collected from new projects that directly benefit from the facilities financed by the development impact fee or fees and which are the subject of the reimbursement agreement. Reimbursement shall only be made from fees collected to fund improvements which are of the same type as the improvement constructed by the owner, and from no other source. The terms of the reimbursement shall be set forth in the reimbursement agreement.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

A. The planning commission is empowered to implement Section 3.48.100 Findings regarding credits must be based on evidence submitted by the property owner substantiating the owner's contention that a credit should be given.

B. The planning director shall prescribe the form and scope of applications under this section and the necessary accompanying data.

C. The planning commission may adopt rules to implement procedures to carry out its responsibilities under this section. The city council may establish, by resolution, processing fees to carry out the provisions of this section.

D. Appeals of decisions by the planning commission shall be made to the city council pursuant to the procedures set forth in Section 18.56.055 of the Whittier Municipal Code. An appeal shall be accompanied by the filing fee established by city council resolution.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)

The city council is empowered to grant deferral, waiver or reduction of any fee imposed by this chapter upon request. Such deferral, waiver or reduction may only be granted after notice and hearing if, in the opinion of the city council, properly supported by specific findings, deferral would allow a better or fairer financing arrangement to be developed and imposed, or where waiver or reduction is required because imposition of such fee or fees in full would cause inequities. Findings must be based on written and other evidence submitted by the property owner substantiating the owners contention that the fee should be deferred, waived or reduced. For deferrals, findings must include facts supporting such deferral including, without limitation, findings that (1) other properties to be benefited by any fee will not be burdened by the review and delay in fee imposition, or, (2) alternative financing methods involving more than one owner have been proposed for review, or (3) delay will result in a more fair funding arrangement. In the case of waiver or reduction, findings must include facts supporting, including, without limitation, that the owner will receive insufficient or no benefit from the fee imposed and would therefore be required, if the fee were imposed in full, to pay more than his/her fair share for the benefit received.

(Ord. No. 2953, § 3(Exh. A), 5-25-10; Ord. No. 3112, § 2, 2-25-20)

As areas not presently situated within the city boundaries seek to annex to the city, the city council shall determine the benefit to such land areas of the public facilities and infrastructure funded by this chapter. The city council shall impose development impact fees, in whole or in part, as established by this chapter, upon such annexed areas to the extent necessary to assure that such areas pay their fair share of the actual costs of all necessary public facilities and infrastructure benefiting their projects, unless the city council determines that such an imposition would cause inequities or that a better or fairer financing arrangement can and should be developed and imposed.

(Ord. No. 2953, § 3(Exh. A), 5-25-10)