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HomeMy WebLinkAbout726ORDINANCE NO. 726 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ADDING CHAPTER 3.50 (DEVELOPMENT IMPACT FEES) TO TITLE 3 OF THE IRWINDALE MUNICIPAL CODE TO ESTABLISH DEVELOPMENT IMPACT FEES FOR NEW DEVELOPMENT A. RECITALS. (i) The City of Irwindale (the "City") provides public services and constructs and maintains public improvements for the benefit of residents, businesses, and employees within the City; and (ii) In June 2008, the City adopted an update to the City of Irwindale General Plan, which anticipates and plans for new development in the City through the year 2020; and (iii) New development generates impacts on public services, public facilities, and community amenities for which revenues generated through property taxes and other means are generally insufficient to accommodate; and (iv) If additional capital facilities and public services are not added as development occurs, the existing facilities and services will not be adequate to serve the community. This could result in adverse impacts, such as inadequate public safety services, inadequate traffic safety and transportation improvements, inadequate parks and recreation facilities, as well as inadequate other general government facilities; and (v) To prevent undesirable consequences, and to reduce the impacts of new development on capital facilities, equipment, and services, the City's capital facilities must be constructed, and the City's public services must be provided, at a rate which will accommodate the expected growth in the City; and (vi) The development impact fees established by this Chapter will be imposed upon development projects for the purpose of mitigating the impact of the development on the ability of the City to provide specified public improvements and services; and (vii) The City has caused to be prepared a City of Irwindale Final Draft Development Impact Fee Study, dated June 5, 2018 ("Fee Study"). The Fee Study is on file with the City Clerk; and (viii) The Study identifies the development potential of the City from the year 2018 until 2040; identifies seven (7) categories of capital facilities and equipment required to serve and accommodate new development; and provides a summary of the portion of each improvement category's costs that can be funded by new development; and (ix) The seven (7) categories of capital facilities and/or equipment that will be funded by the development impact fee established by this Ordinance are: (1) Ordinance No. 726 Page 1 Administrative Facilities; (2) Transportation Facilities; (3) Library Facilities; (4) Storm Drain Facilities; (5) Police Facilities; (6) Sewer Facilities; and (7) Parks and Recreation Facilities. These capital facilities and equipment are needed to promote and protect the public health, safety and general welfare within the City, to facilitate orderly urban development, to maintain existing levels of service, and to promote economic and social well-being. (x) The City Council has relied upon the factual information, analysis, and conclusions in the Fee Study in adopting this Ordinance. (xi) It is the City's intent and desire to have developers pay for their fair share of public costs associated with new development while at the same time facilitating growth that is in the public interest; (xii) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. SECTION 1. The City Council finds that the above recitals are true and correct and are hereby incorporated herein by this reference. SECTION 2. The City Council finds that this Ordinance is statutorily exempt under Sections 15273(a)(1) (Rates, Tolls Fairs and Charges), as well as Sections 15061(b)(3) and 15378(b)(4) of Title 14 of the Code of California Regulations. SECTION 3. The City Council hereby finds and determines that this Ordinance complies with the requirements of the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. SECTION 4. Chapter 3.50 (Development Impact Fees) shall be added to Title 3 of the Irwindale Municipal Code and shall read as follows: Chapter 3.50 Development Impact Fees Sections: 3.50.010 Authority. 3.50.020 Findings, Purpose, and Applicability. 3.50.030 Definitions. 3.50.040 Establishment of Development Impact Fees. 3.50.050 Calculation and Payment of Development Impact Fees. 3.50.060 Exemptions and Credit for Existing Development. 3.50.070 Fee Adjustment. 3.50.080 Fee Revenue Accounts. 3.50.090 Distribution of Impact Fee Funds. 3.50.100 Periodic Review and Inflation Adjustment. 3.50.110 Fee Revision by Resolution. 3.50.120 Regulations. Ordinance No. 726 Page 2 Section 3.50.010 Authority. This Chapter 3.50 of the Irwindale Municipal Code may be referred to as the Development Impact Fee Ordinance and is adopted pursuant to the police power of the City and under Government Code Section 66000 et seq. (Mitigation Fee Act), as amended. All words, phrases, and terms used in this Chapter shall be interpreted in accordance with the definitions set forth in the Mitigation Fee Act, unless otherwise specifically defined herein. Section 3.50.020 Findings, Purpose and Applicability. A. The City has prepared a Fee Study. It demonstrates, and the City Council finds, that there is a reasonable relationship between the purpose for which the fees established by this Ordinance are to be used and the type of development projects on which the fees are imposed, and between the amount of the fees and the cost of the facilities attributable to the development on which the fees are imposed. B. It is the intent of the City that the fees required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, which may authorize the imposition of project specific conditions on development. C. It is intended that, as further provided for in this Chapter, every person who develops or redevelops land in the City pay development impact fees established by this Chapter, as provided herein. No developer, property owner, or other person or entity shall be eligible to receive a building certificate of occupancy unless such developer, property owner, or other person or entity has first complied with all applicable provisions of this Chapter. D. This Chapter shall apply to all Development Projects in the City. This Chapter shall not apply, however, to a Development Project for which an application for a Development Project was submitted and deemed complete by the City prior to June 27, 2018. Section 3.50.030 Definitions. For the purpose of this Chapter, the following terms shall have the meaning set forth herein: A. "Applicant' means the person(s) or legal entity or entities, who may also be the property owner, who is applying for a building permit. B. "City" means the City of Irwindale. Ordinance No. 726 Page 3 I "Development" or "Development Project' means any manmade change to improved or unimproved i other activity that requires aal property, the use of any principal structure or land, or any issuance of a development permit or building permit. D. "Development Impact Fee" means each and all of the development impact fees established by this Chapter. E. "Development Impact Fee Study" and "Fee Study", as used in this Chapter, mean the Final Draft Development Impact Fee Study dated June 5, 2018 and any present and future amendments, additions, and updates to said Fee Study, all of which are deemed included in such definitions as used in this Chapter, which is on file with the Community Development Department and the City Clerk. F. "Public Facilities" means public facilities identified in the Study, including a capital improvement project list and cost estimates of the public facilities, which may be funded by the Development impact fees, and may include public improvements, public services, and community amenities. Section 3.50.040 Establishment of Development Impact Fees. A. It is the purpose and intent of this section to implement a unified development impact fee program to fund the acquisition, design, and construction of certain public facilities necessary to serve new development within the City. B. The public facilities to be funded by the development impact fees are in the following categories: a. Administrative Facilities; b. Transportation Facilities; C. Library Facilities; d. Storm Drain Facilities; e. Police Facilities; Sewer Facilities; and g. Parks and Recreation Facilities. C. Except as otherwise provided in this Chapter, an Applicant for a building permit proposing a development shall pay the Development impact fees identified in Section B above according and pursuant to the procedure set forth in this Chapter. D. The amount of each development impact fee shall be as established by resolution of the City in accordance with the procedures set forth in state law. Ordinance No. 726 Page 4 E. The Development Impact Fees imposed under this Chapter are in addition to any other fees, dedications, construction requirements, or other exactions imposed as a condition of approval for a development project, or under the provisions of any state or federal law, or other provisions of this code, or City resolutions and policies. F. The City may impose such additional conditions of approval as are necessary or appropriate to implement the purposes of this Chapter. Section 3.50.050 Calculation and Payment of Development Impact Fees. A. The amount of the charge due under this Chapter shall be determined at the time of submittal into building plan check for the project. Following project submittal the City shall provide the applicant with a notice in writing, a statement of the amount of the fees and notification of the 90 -day appeal 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 development impact fees, more specifically described as: (identification of the amount of the fee). The applicant is hereby notified that the 90 -day protest period to challenge such fees has begun as of the date of the fee imposition, which date was B. If the applicant fails to file a protest regarding the fees, as specified in California Government Code § 66020, the applicant shall be legally barred from later challenges. C. The full amount shall be due and payable to the City on the date of final inspection or the date of the issuance of the certificate of occupancy, whichever occurs later. No developer, property owner, or other person or entity shall be eligible to receive building permits, nor any occupancy permits, for any development project unless the provisions of this section have first been complied with for that project. The requirements of this section are hereby imposed as a condition of development approval for each development project in addition to being a requirement of this code. D. No certificate of occupancy shall be granted for the project, no one shall occupy the new dwelling unit or the new nonresidential building area, and no utility connections shall be permitted until the fees required by this Chapter are paid in full. E. When improvement plans include more than one land use type, the impact fee shall be calculated separately for each land use type. Section 3.50.060 Exemptions and Credit for Existing Development. For public facilities constructed as part of a development project, the City Council may establish policies and procedures for granting credit against a development impact fee or providing for reimbursement from development impact fees paid by other developers. Such policies and procedures shall be established by City Council resolution. Ordinance No. 726 Page 5 Section 3.50.070 Fee Adjustment. An applicant for any project subject to the Development impact fees described in this Chapter may apply to the City Council for an adjustment, reduction, or waiver of the development impact 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. Such requests shall be subject to the process outlined below: A. The application shall be made in writing and filed with the City Clerk not later than the time for filing of the request for a building permit. B. The application shall state in detail the factual basis and legal theory for the claim of waiver, reduction or adjustment. The applicant shall bear the burden of proof of presenting substantial evidence to support the request for an adjustment or waiver. C. The City Council shall consider the application at a public hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the City Council shall be final. D. 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. Section 3.50.080 Fee Revenue Accounts. Pursuant to Government Code Section 66006, an Impact Fee Reserve Account is hereby established for each fee category. The fees paid to the City pursuant to the provisions of this Chapter shall be deposited into the appropriate Impact Fee Reserve Account and used solely for the purpose described in this Chapter. All monies deposited into the Reserve Accounts shall be held separate and apart from other City funds. All interest or other earnings on the unexpended balance in the Reserve Account shall be credited to the Reserve Account. Section 3.50.090 Distribution of Impact Fee Funds. All monies and interest earnings in each of the Impact Fee Reserve Accounts shall be expended on the construction and related design and administration costs of constructing public facility improvements and purchasing land and equipment identified in the Fee Study. Such expenditures may include, but are not necessarily limited to the following: A. All direct and indirect costs incurred by the City to construct facility improvements pursuant to this Chapter, including but not limited to, the cost of land and right -of- way acquisition, planning, legal advice, engineering, design, construction, construction management, materials and equipment. Ordinance No. 726 Page 6 B. Costs of issuance or debt service associated with bonds, notes or other security instruments issued to fund facility improvements identified. C. Administrative costs incurred by the City in establishing or maintaining the Impact Fee Reserve Accounts required by this Chapter, including but not limited to the cost of studies to establish the requisite nexus between the fee amount and the use of fee proceeds and yearly accounting and reports. Section 3.50.100 Periodic Review. The City shall comply with the annual and five-year reporting requirements of the Mitigation Fee Act. For facilities to be funded by a combination of impact fees and other revenues, identification of the source and amount of these non -fee revenues shall be included in the report. Identification of the timing of receipt of other revenues to fund the facilities is also important. Section 3.50.110 Fee Revision by Resolution. The amount of the Development impact fees and the formula for the automatic annual adjustment established by this Chapter may be reviewed and revised periodically by resolution of the City Council in accordance with the procedures set forth in state law. This Chapter shall be considered enabling and directive in this regard. Section 3.50.120 Regulations. The City Manager, or her/his designee, is authorized to adopt written administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth within this Chapter." SECTION 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 6. Publication, The Chief Deputy City Clerk shall cause this Ordinance to be published in the manner required by law. SECTION 7. Effective Date. The Mayor shall sign and the Chief Deputy City Clerk attest to the passage of this Ordinance. The Chief Deputy City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall go into effect and be in full force and effect sixty (60) days from its date of adoption. Ordinance No. 726 Page 7 PASSED, APPROVED AND ADOPTED this 11th day of July, 2Q,1-8. f ATTEST: a ()�Iara M. Nieto, MMC ef Deputy City Clerk Ordinance No. 726 Page 8 L Mar�A. Breceda, Mayor State of California } County of Los Angeles } ss. City of Irwindale } I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 726 was duly introduced at a regular City Council meeting held on the 27th day of June 2018, and adopted at a regular meeting of the City Council held on the 11th day of July 2018, by the following roll call vote: AYES: Councilmembers: Ambriz, Ortiz, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: Burrola, Garcia ABSTAIN: Councilmembers: None au a M. Nieto, MMC au Deputy City Clerk AFFIDAVIT OF POSTING I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 726, adopted by the City Council of the City of Irwindale at 4W10itsreeggular meeting held July 11, 2018, to be posted at the City Hall, Library, and Post Office on July 17, 2018. )�4 Dated: July 17, 2018 Lau r M. Nieto, MMC Chi f Deputy City Clerk Ordinance No. 726 Page 9