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)
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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.
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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.
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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.
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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.
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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.
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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
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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
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