HomeMy WebLinkAbout751ORDINANCE NO. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
AMENDING SECTIONS 3.50.050 AND 3.50.060 OF THE CITY OF
IRWINDALE MUNICIPAL CODE UPDATING THE DEADLINE TO PAY
THE CITY'S DEVELOPMENT IMPACT FEES AND ESTABLISHING
POLICIES AND PROCEDURES FOR GRANTING CREDIT AGAINST A
DEVELOPMENT IMPACT FEE
A. RECITALS
WHEREAS, the City of Irwindale ("City") is authorized by Article XI, Section 5 and
Section 7 of the Constitution of the State of California to exercise the police power of the
State by adopting regulations to promote public health, welfare, safety, and general
prosperity; and
WHEREAS, the Irwindale Municipal Code ("IMC") Chapter 3.50, "Development
Impact Fees," provides procedures for the adoption and imposition of development impact
fees; and
WHEREAS, IMC Section 3.50.050 currently states that development impact fees
are 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; and
WHEREAS, IMC Section 3.50.060 currently authorizes the City Council to
establish policies and procedures for granting credit against a development impact fee by
city council resolution; and
WHEREAS, the City Council now desires to adopt an ordinance to update the date
when development impact fees are due and payable to the City to prior to or at the
issuance of building permits in order to promote certainty; and
WHEREAS, the City Council also desires to adopt an ordinance to establish
policies and procedures for granting credit against a development impact fee in the
interest of providing predictability and transparency in the City; and
WHEREAS, on November 11, 2020, the City Council approved Ordinance No. 751
at first reading with revisions.
B. ORDINANCE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
Ordinance No. 751
Page 1
Section 2. Section 3.50.050 of Title 3 of the Irwindale Municipal Code is hereby
amended and shall now read as follows:
"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 ninety -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 ninety -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 Section 66020, the applicant shall be legally barred from later
challenges.
C. The full amount shall be due and payable to the city prior to or at the issuance
of building permits. 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. Section 3.50.060 of Title 3 of the Irwindale Municipal Code is hereby
amended and shall now read as follows:
A. 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.
B. A credit against a development impact fee may be granted for nonresidential
projects as follows:
Ordinance No. 751
Page 2
1. If the new nonresidential project does not add building square footage or
intensity of land use, then it is exempt from paying additional development impact
fees.
2. If the new nonresidential project does not change land use, but adds building
square footage, then the increase in square footage will be charged the
corresponding development impact fees.
3. If the new nonresidential project does not add square footage, but changes use
to a more intense use, then the development impact fees charged will be the
difference between those charged to the existing use and the fees charged to the
more intense use.
C. A new nonresidential project is subject to paying the full development fee
amount when the previous development did not pay impact fees.
D. Development impact fees will be charged for new dwelling units added to a
parcel of a residential project. Accessory Dwelling Units (ADUs) shall not be
subject to development impact fees.
E. Development impact fees will be charges at the current multifamily rate for each
additional unit in a multifamily project.
Section 4. CEQA Exemption. The City Council finds the introduction and
adoption of this ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
Section 5. Severability. If any section, subsection, sentence, clause or phrase
of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
Section 6. Certification and Effective Date. The City Clerk shall certify to the
passage and adoption of this ordinance by the City Council of the City of Irwindale and
shall cause a summary of this ordinance to be published in accordance with Government
Code Section 36933, in a newspaper of general circulation which is hereby designated
for that purpose, and this ordinance shall take effect thirty (30) days after its passage.
Ordinance No. 751
Page 3
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Irwindale this 9th day of December, 2020.
H. Manuel Ortiz, Mayor
ATTEST:
ija�h
-�4
. Nieto, MMC
eputy City Clerk
State of California }
County of Los Angeles } ss.
City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 751 was duly introduced at a regular meeting of the Irwindale
City Council held on the 11th day of November and was adopted on second reading at a
regular meeting held on the 9th day of December, 2020, by the following vote of the
Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Ordinance No. 751
Page 4
Ambriz, Breceda, Burrola, Garcia, Mayor Ortiz
None
None
None
OYL�
La ra M. Nieto, MMC
ief Deputy City Clerk