ARTICLE 22. COMMUNITY FACILITY FEES

DIVISION 1. GENERAL PROVISIONS RELATING TO FEES

10-1-2201: AUTHORIZATION:

This article is enacted pursuant to authority granted to cities by Article XI, Section 7 of the California Constitution and to ensure compliance with the provisions of Government Code Sections 66000 through 66017. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2202: APPLICABILITY:

This division applies to all development fees imposed by the City and as set forth in this article as a condition of issuance of certain permits required for development approval for the purpose of financing capital improvements, the need for which is attributable to such development, including without limitation:

A. Transportation improvement fees;

B. Library fees;

C. Park and Recreation fees (except fees charged in lieu of park land dedication pursuant to Government Code Section 66477);

D. Police fees;

E. Fire fees;

F. Information technology fees; and

G. Any such other fees as established by resolution. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2203: EXEMPTIONS:

The provisions of this division do not apply to the following:

A. Taxes or special assessments.

B. Fees for processing development applications or approvals.

C. Fees for enforcement of or inspections pursuant to regulatory ordinances.

D. Fees collected under Development Agreements adopted pursuant to California Government Code Section 65864 et seq., except for Development Agreements which required Development Fees as enacted by this ordinance. However, in the event the aforementioned Development Agreements contain specific provisions which conflict with this article, the specific provisions in the Development Agreement shall be applied.

E. Fees specified in California Government Code Section 66477.

F. Fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law [Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code].

G. Fees imposed pursuant to a reimbursement agreement by and between the City and a property owner or developer for that portion of the cost of a capital improvement paid by the property owner or developer which exceeds the need for the capital improvement attributable to and reasonably related to the development.

H. Fees imposed for the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed as a result of a natural disaster, as declared by the Governor. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee. The term substantially equivalent, as used herein, shall have the same meaning as the term in Subdivision (c) of Section 70 of the Revenue and Taxation Code, and as amended.

I. Fees imposed on Low and Moderate Income Housing Projects in accordance with the Density Bonus law.

J. Fees imposed on unique land uses primarily devoted to hospitals, churches, educational facilities, youth and recreational facilities, and other community uses which serve the public, similar to those listed, as determined by the City Planner.

K. Fees imposed on applicants who have a valid building permit on the effective date of this ordinance, except those who were required to pay these development fees as a condition of approval to build. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2204: DEFINITIONS:

For purposes of this article and any resolution adopted to implement development fees imposed by this article, the words and terms defined herein shall have the meanings stated, unless another meaning is plainly intended. To the extent that terms utilized in this article are not defined herein, but are defined elsewhere in Title 10 of the Municipal Code of the City of Burbank, such terms shall have the meanings stated therein.

ACCESSORY DWELLING UNIT (ADU): An attached or detached structure that provides independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling unit. ADUs are sometimes referred to as secondary units, granny units, or in-law units. They can have a separate mailing address and be rented to a third-party or occupied by a property owner.

AFFORDABLE OWNERSHIP HOUSING COST: Means the Total Housing Costs paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in California Health and Safety Code Section 50052.5.

AFFORDABLE RENT: Means the Total Housing Costs, including a reasonable utility allowance, paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in California Health and Safety Code Section 50053.

AFFORDABLE UNIT: Means a dwelling unit within a housing development which will be reserved for, and restricted to, Extremely Low-, Very Low-, Low-, or Moderate-Income Households at an Affordable Rent or is reserved for sale at an Affordable Ownership Housing Cost.

CAPITAL IMPROVEMENTS: Means public improvements, such as land and/or facilities for transportation and transit, including but not limited to streets and supporting improvements, roads, over-passes, bridges, and related facilities; for parks and recreation; police; fire; information technology; and library facilities identified in the City’s master plans.

CAPITAL IMPROVEMENT PLAN: Means the plan for capital improvements adopted or updated as part of the nexus study by the City Council describing the approximate location, size, time of availability and estimated cost of and appropriating money for capital improvement projects.

CERTIFICATE OF OCCUPANCY: Means the official City certification, that all or a portion of the building, structure or addition is suitable for use or occupancy. For purposes of this article, certificate of occupancy shall refer to the earlier of, issuance of a certificate of occupancy for use or occupancy of all or a portion of the building by a tenant, owner or occupant.

CITY OF BURBANK DEVELOPMENT IMPACT FEE NEXUS STUDY: Means any studies prepared by the Community Development Department of the City of Burbank to support the basis for development impact fees, including those related to public facilities improvements and plans for transportation, police, fire, library, information technology, and parks and recreation facilities related to new development, and any other fees as established by resolution.

COLLECTION: Means the point at which the development fee due is actually paid over to the City.

COMMITMENT: Means earmarking of development fees to fund or partially fund or to retire debt issued for the funding of capital improvements serving new development projects.

COMMUNITY FACILITIES FEES: Collectively means the transportation improvement fee, the fire fee, the police fee, the library fee, the information technology fee, and the parks and recreation fee.

DEVELOPMENT: Means the addition of new dwelling units and/or new non-residential gross floor area footage to an undeveloped, partially developed or redeveloped site and involving the issuance of a building permit or certificate of occupancy for such construction, reconstruction or use, but not including (i) a permit to operate; (ii) a permit for the internal alteration, remodeling, rehabilitation, or other internal improvements or modifications to an existing structure, so long as no additional dwelling units or gross floor area is added; (iii) an accessory use, so long as no additional dwelling units or gross floor area is added, (iv) parking facilities, or (v) accessory dwelling units up to 750 square feet.

DEVELOPMENT FEE: Means a monetary exaction imposed as a condition of or in connection with the issuance of an approval of a development project for the purpose of defraying all or a portion of the cost of certain capital improvements related to the development project.

DEVELOPMENT PROJECT: Means any project undertaken for the purpose of development, including a project involving the issuance of a permit for construction of a building or structure. However, development project does not include the issuance of a permit to operate.

FIRE FEE: Means a monetary exaction imposed as a condition of development approval in order to fund and to assure the provision of fire apparatus needed to serve such development at established City service level standards within a reasonable period of time.

GROSS FLOOR AREA or GFA: Shall mean the total horizontal area of all floors beneath the roof of a building. The computation excludes the columns, permanent interior walls, stair shafts, mechanical equipment rooms that serve the building as a whole (offices only) and the area actually occupied by parking. The computation includes corridors, bathrooms, interior partitions which are not permanent or anything else not excluded above.

IMPOSITION: Means the determination that a particular development project is subject to the condition of payment of development fees and the attachment of such requirement to the project as a condition of development approval.

INFORMATION TECHNOLOGY FEE: Means a monetary exaction imposed as a condition of development approval in order to fund and to assure the provision of information technology facilities needed to serve such development at established City service level standards within a reasonable period of time.

ITE TRIP GENERATION MANUAL: Means and refers to the report entitled Trip Generation (Tenth Edition) of the Institute of Traffic Engineers, or as subsequently updated.

LEVEL OF SERVICE (LOS): Means an indicator of the extent or degree of service provided by, or proposed to be provided by, a transportation improvement based upon the relationship of traffic volume to road capacity and related to the operational characteristics of the road as measured by standards set forth in the Highway Capacity Manual.

LIBRARY FEE: Means a monetary exaction imposed as a condition of development approval in order to fund and to assure the provision of library space and facilities needed to serve such development at established City service level standards within a reasonable period of time.

MINIMUM REQUIRED QUANTITY: As used in Section 10-1-2220, this means the minimum number of Affordable Units provided by a development project to be eligible for affordable housing incentives, as set forth in Section 10-1-633 and following (Affordable Housing Incentives) and elsewhere in the municipal code.

NONRESIDENTIAL DEVELOPMENT PROJECT: Means all development other than residential development projects.

NON-TRANSPORTATION COMMUNITY FACILITIES FEE: Shall mean collectively the fire fee, the library fee, the police fee, the information technology fee, and the parks fee.

PARK FEE: Means a monetary exaction imposed as a condition of development approval in connection with a development project in order to fund and to assure the provision of park facilities and recreation improvements needed to serve such development at established City service level standards within a reasonable period of time.

POLICE FEE: Means a monetary exaction imposed as a condition of development approval in order to fund and to assure the provision of police facilities needed to serve such development at established City service level standards within a reasonable period of time.

RESIDENTIAL DEVELOPMENT PROJECTS: Means any development undertaken for the purpose of creating a new dwelling unit, as defined in this chapter or units and involving the issuance of a building permit for construction. ADUs up to 750 square feet are exempt; ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit.

TOTAL HOUSING COSTS: Means the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs include the monthly rent payment and utilities. For an ownership unit, total housing costs include the mortgage payment (principal and interest), utilities, homeowner’s association dues, taxes, mortgage insurance and any other related assessments.

TRANSPORTATION IMPROVEMENT FEE: Means a monetary exaction imposed as a condition to the issuance of certain permits required for development approval in order to fund and to assure the provision of transportation facilities needed to serve such development at established City service level standards within a reasonable period of time. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2205: ESTABLISHMENT OF FEE; HEARING REQUIRED:

Development fees shall be established by resolution or ordinance of the City Council from time to time, fixed for each benefit area, if applicable, and to be paid into each development fee account. Before establishing or changing any development fee, the Council shall hold a public hearing as part of a regularly scheduled meeting and pursuant to notice published in accordance with Section 6062a of the Government Code, at which oral or written presentations may be made by interested parties. An ordinance or resolution establishing a new development fee shall take effect no sooner than 60 days following the final action by the City on the ordinance or resolution. Development fees shall not exceed the estimated reasonable cost of providing the facility for which the fee or exaction is imposed. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2206: FEE PAYMENT PROCEDURE:

A. IMPOSED ON DEVELOPMENT PROJECTS.

Development fees established in accordance with the article shall be imposed on all Development Projects which require a building permit.

B. CALCULATION AND COLLECTION FOR NON-RESIDENTIAL PROJECTS.

Development fees on non-residential projects, if imposed, shall be calculated and collected by the Building Official at the time of the issuance of a certificate of occupancy or the final inspection, whichever occurs first, based on the development fee then in effect unless:

(i) the applicant is entitled to a full credit pursuant to Section 10-1-2211; or

(ii) the applicant’s development project is exempt pursuant to Section 10-1-2203; or

(iii) the applicant has taken an appeal pursuant to Section 10-1-2213 and a cash deposit, letter of credit, bond or other surety in the amount of the development fee schedule, as calculated by the Building Official, has been posted with the City; or

(iv) the applicant has requested the City Council to approve a payment plan pursuant to Section 10-1-2213, and a cash deposit, letter of credit, bond or other surety in the amount of the development fee schedule, as calculated by the Building Official, has been posted with the City. In order to have a payment plan considered, the applicant shall submit the request pursuant to Section 10-1-2213.

C. CALCULATION AND COLLECTION FOR RESIDENTIAL PROJECTS.

Development fees, if imposed on residential development, shall be calculated and collected by the Building Official at time of the issuance of a certificate of occupancy or the final inspection, whichever occurs first. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2207: AUTOMATIC ADJUSTMENT:

Fees imposed by this article shall automatically be adjusted annually on the first day of July each year, by an adjustment as set forth below in this section.

A. ANNUAL ADJUSTMENT.

The annual adjustment shall be made by adjusting all the current fees required in this article by a percentage equal to the inflation rate for the prior year for construction costs as determined by the Building Official on December 31st of each calendar year. The Building Official’s determination shall be based upon the Engineering News Record, Construction Cost Index for the calendar year as of December 31st.

B. EXCEPTION-ACTION BY COUNCIL.

Nothing in this section shall prevent the Burbank City Council from making fee adjustments greater or less than indicated by the above calculation. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22; 3733.]

10-1-2208: DEVELOPMENT FEE ACCOUNTS AND AUDITS:

A. SEPARATE ACCOUNT.

The City shall deposit development fees received with other fees for the same type of capital improvement in a separate capital improvement account in a manner to avoid any commingling of the fees with other City revenues and funds, except for temporary investments, and shall expend the fees solely for the purpose for which they were collected.

B. INTEREST.

Any interest income earned by money in the capital improvement account shall also be deposited in that account and expended only for the purpose for which the fees were collected.

C. USE OF FUNDS.

The funds of each account shall be used exclusively for the capital improvements for which the development fees were collected.

D. ANNUAL STATEMENT OF ACCOUNT BALANCES BY FINANCE DIRECTOR.

For each separate development fee account, the City Manager or designee shall, within 180 days of the close of each fiscal year, make available to the public the beginning and ending balance for the calendar year and the fee, interest, and other income and the amount of expenditure by capital improvement and the amount of refunds made during the fiscal year. The current and five previous annual reports shall be posted on the City’s internet website.

E. ANNUAL REVIEW OF STATEMENT BY CITY COUNCIL.

The City Council shall review the information referred to in Subsection (D) of this section at the next regularly scheduled public meeting held not less than 15 days after the information is made available to the public.

F. AUDITS.

The applicant or property owner may request an audit of any subfund by submitting a request for audit with the City Clerk, to determine whether the development fee imposed exceeds the amount reasonably necessary to finance capital improvements to serve new development at established City service levels. The Council may then retain an independent auditor who shall determine whether the fee is reasonable. The City may require, and it shall be a condition to the right to such audit, that the applicant or property owner deposit with the City a sum equal to the reasonable estimated cost of the audit. The decision of the independent auditor shall be final unless duly appealed to the Council by the property owner or applicant. [Added by Ord. No. 3340; amended by Ord. No. 22-3,976, eff. 7/22/22; 3462.]

10-1-2209: USE OF DEVELOPMENT FEE PROCEEDS:

A. PERMITTED EXPENDITURES.

Development fees shall be expended only for the type of capital improvement for which they were imposed, calculated, and collected and shall be expended or committed in accordance with the time limits and procedures established in this article. Development fees may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements; and any administrative costs incurred by the City in accordance with this article.

B. RESTRICTIONS ON USE OF FEE.

Development fees shall not be expended to maintain, repair or operate capital improvements. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2210: REFUNDS:

A. UNSPENT FUNDS: AUTOMATIC REFUND.

If development fees are unexpended or uncommitted five (5) or more years after deposit in a development fee account, the City Council shall make findings for the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, in accordance with Government Code Section 66001(d). Such findings need be made only for money in possession of the City, and not for letters of credit, bonds or other instruments taken to secure payment of the fees at a future date.

(i) Refunds. If the City Council cannot make the aforementioned findings, the City shall refund to the then current record owner or owners of lots or units of the development project or projects on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, which has been on deposit over five (5) years and for which need cannot be demonstrated pursuant to Subsection (A).

(ii) Finding by Council not to Refund. If the City Council finds that the administrative costs of refunding unexpended or uncommitted development fees exceed the amount to be refunded, the City Council, after a public hearing, notice of which shall be published in accordance with Government Code Section 6061 and posted in three (3) prominent places within the area of each development project subject to a refund, may determine that the revenues shall be allocated for other capital improvements for which development fees are collected and which serve the development projects on which the fee was originally imposed.

(iii) Method of Refund. The City may refund the unexpended or uncommitted portions of development fees by direct payment, by temporarily suspending fees, by offsetting the refunds against other development fees due for development projects on the property, or by other means agreed to by the property owner. The property owner shall provide as evidence of ownership, a title report issued by a licensed title insurer. If, in the view of the City Attorney, there is doubt as to whom such refund shall be made, the City Attorney may interplead the possible claimants and deposit the amount of refund with the Superior Court.

B. OTHER REFUNDS.

If an applicant requests a refund due to reasons not set forth in this section, the applicant shall submit a claim for refund with the City Clerk who then shall forward the request to the City Council for action. The time period to file a claim pursuant to this provision shall be limited to one (1) year after the termination, expiration, or other action which ends the use of the valid building permit. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22; 3780.]

10-1-2211: CREDITS:

A. DEMOLITION CREDIT.

1. Eligibility. Any applicant who requests a building permit for a development project on property, which has had improvements demolished since February 19, 2013, may request a demolition credit in accordance with this section. The applicant shall establish the amount of square footage which has been demolished from his/her property since February 19, 2013, and shall have allocated to the property the appropriate credit for the demolished portion of the property based on the previous use.

2. Amount. The applicant shall submit to the Building Official proof of the square footage demolished on the property since February 19, 2013. The Building Official shall calculate the Development Fee credit which that property shall be allocated.

3. Request in writing. Credit requests shall be made in writing and shall be submitted at or before the time of development fee collection. The request shall contain a declaration of those facts along with the relevant documentary evidence which qualifies the applicant for the credit.

4. Demolition credit runs with the property. Any credit unused by the applicant when applied towards any Development Fee shall remain available for future credit solely for future development on that same property. In no event may the credit be used for development on property other than the property where the demolition occurred.

B. IN-LIEU CREDIT.

1. Eligibility. Any applicant subject to a Development Fee pursuant to this article who constructs, escrows money with the City for the construction of, agrees to participate in an assessment district for the construction of, or who otherwise contributes funds for capital improvements, may be eligible for a credit for such contribution against the development fee otherwise due.

2. Amount. Eligibility for, and the amount of, the credit shall be determined by the City Manager, or their designee, based upon whether the contribution meets capital improvement needs for which the particular development fee has been imposed; whether the developer contribution will substitute for or otherwise reduce the need for capital improvements anticipated to be provided with development fee funds; and the value of the developer contribution. Any improvements specified in the City of Burbank Development Impact Fee Study may be eligible for an in-lieu credit.

3. Request in writing. Credit requests shall be made in writing prior to the initiation of any bidding or construction of the improvements to the City Manager or their designee and shall be submitted at or before the time of development fee collection. The request shall contain a declaration of those facts along with the relevant documentary evidence which qualifies the applicant for the credit.

4. City to prepare plans; approval by Council. Upon the concurrence and approval of the City Manager or their designee, that the improvements are eligible for in-lieu credit, the City may prepare plans and specifications for the design and construction of said approved improvements, or may request the applicant to prepare them. The plans and specifications, whether prepared by the City or the applicant, shall be approved by Council as well as any environmental assessment under the California Environmental Quality Act. Upon approval by Council, the City shall deliver such plans to the applicant, who shall cause the construction to be performed in accordance with such plans and specifications.

5. Construction restrictions; insurance. The applicant shall abide by public bidding and construction requirements which apply to governmental entities, some of which are set forth in Title 2, Chapter 2 of the Burbank Municipal Code. The applicant shall enter into all contracts with the contractor and through these contracts require insurance in the amounts required through the excavation permit provisions of Section 7-1-203, and as amended from time to time, and the City shall be named as an additional insured on all such insurance during construction. Except to the extent of the negligent or intentional acts of omissions of the City, its agents, or employees, the City shall have no liability towards the applicant or contractor, and each shall indemnify and hold City harmless for all liability incurred during the construction, and for all liability or stop notices submitted to the City by contractors providing labor or materials to such work prior to the final payment by the applicant.

6. Faithful performance and payment bond or other security required. The applicant shall further provide the City with performance and payment bond, or other adequate security, equal to 100 percent of the contract amount for the improvements, to assure that the improvements shall be completed. Such bonds, or other security, shall be in a form acceptable to and approved by the City Attorney. The security herein shall be released 30 days after the Notice of Completion has been recorded.

7. Credit issued upon completion and acceptance by City. Upon completion, approval, and acceptance of the improvements by the City, a Notice of Completion shall be recorded by the City, and the applicant shall be credited by written documentation by the City Manager or his/her designee for the actual cost of the construction contract(s) upon proper documentation by the applicant. In the event the applicant, at the City’s request, performs any design or engineering services in connection with such improvements, said credit shall include the actual cost to the applicant of such services.

8. Credit from same category of fees. The credit shall be applied against the applicant’s obligation to pay developer fees from the same category.

C. CALCULATION AND ANNUAL INCREASE OF DEMOLITION CREDIT AND IN-LIEU CREDIT.

The exact amount of the credit in the year it is granted shall be based upon actual costs approved by the City Manager or his/her designee in accordance with this section. Each credit listed in this section which exceeds the Development Fee required shall remain available to be applied to future Development Projects as specified in this section. After determining the value of the credit, the value of any unused credits shall be increased annually in accordance with Section 10-1-2207. No credits shall be cashed out by the City.

D. ACCOUNTING OF CREDITS.

The Community Development Director, or their designee shall be responsible for maintaining an accounting for the credits issued pursuant to this section. [Added by Ord. No. 3340; amended by Ord. No. 22-3,976, eff. 7/22/22; 3462.]

10-1-2212: RESERVED FOR FUTURE USE:

[Deleted by Ord. No. 22-3,976, eff. 7/22/22; Added by Ord. No. 3340; Amended by Ord. No. 3505, eff. 1/23/99; 3462.]

10-1-2213: APPEALS AND FINANCING REQUEST:

A. APPEAL TO CITY COUNCIL.

The applicant may appeal any decision of a City Official under this article to the City Council or seek a reconsideration by the Council of a refund issue, including, but not limited to, calculation of the amount of the development fee, the number of development units, reimbursement due, applicability of an exemption, and eligibility for and amount of a credit or refund. Any request for special financing of the development fees may be made to the Council by filing a notice of appeal with the City Clerk in accordance with this appeals process. As part of the request for financing process, the applicant shall be required to provide adequate security in the amount of the development fees required for the development project.

B. WRITTEN NOTICE OF APPEAL.

The appellant must file a written notice of appeal together with an appeals fee as set forth in the Fee Resolution and as amended from time to time, with the City Clerk within ten (10) days following the action of the City Official that is the basis of the appeal. The notice of appeal shall include, at a minimum:

1. Name and address of applicant/agent.

2. Description, location and size of the affected property.

3. Land use proposed for the affected property.

4. Number of residential units proposed, by type and/or number of square feet of non-residential development by type.

5. The particular circumstances giving rise to the appeal.

6. The City Official whose action is being appealed.

7. The grounds for the appeal, i.e., why the City Official’s decision is erroneous.

8. Such other relevant information as may be requested by the City.

C. BURDEN OF PROOF.

The burden of proof shall be on the appellant to establish that the decision of the City Official is erroneous pursuant to the express terms or intent of this article and applicable State law, including, but not limited to Government Code Section 66000 et seq.

D. HEARING.

The City Council, or a designated official or appeals board which may be appointed by Council at a public meeting by resolution, shall schedule the appeal to be heard at a regular or special meeting to be held not more than 45 days after the filing of the notice of appeal by the appellant. At least 20 days prior to the hearing date, the City shall notify the appellant of the hearing date by certified mail, return receipt requested, at the address stated on the notice of appeal.

E. ADMINISTRATIVE HEARING.

The hearing on the appeal shall be administrative. Evidence may be submitted by the appellant and by the City. The City Council shall make written findings of fact and conclusions of law after the close of the hearing. However, if it is determined from the notice of appeal or from relevant City documents that the appeal is improper, the City, within 20 days after receipt of the notice of appeal, shall reject the notice of appeal, stating the grounds therefor and notifying the appellant by certified mail, return receipt requested.

F. CONTINUANCE.

A request for a continuance of the hearing may be made by the City Council on its own motion or at the request of the appellant. If requested by the appellant, the City Council shall determine whether a continuance should be granted.

G. DECISION.

Within 30 days after the close of the administrative hearing, the City Council shall render its decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested, at the address listed on the notice of appeal.

H. FINDINGS.

The findings of fact and conclusions of law shall be completed not later than ten (10) days following the decision of the City Council and shall be filed with the City Clerk. Upon the request of the applicant, the findings of fact and conclusions of law shall be sent to the applicant.

I. FINAL DECISION.

Upon the filing of the findings of fact and conclusions of law with the City Clerk, the decision of the City Council shall be deemed to be final.

J. FURTHER REVIEW.

Any petition for judicial review of the City Council’s final decision shall be filed not later than the 90th day following the date on which the decision becomes final, and shall be made in accordance with Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

K. FEE NOT STAYED PENDING APPEAL OR REQUEST FOR FINANCING.

If the development fee has been paid in full or if the notice of appeal or request for financing is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Attorney, in an amount equal to the development fee calculated to be due, the application for development project approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the development fee calculated by the City to be due unless sufficient and acceptable surety has been provided.

L. WAIVER OR REDUCTION OF FEE.

If, as a result of an appeal pursuant to this section or judicial review pursuant to Section 11-1-88.15, a development fee is reduced or waived, the City Council may determine whether and how such reduction or waiver may affect the development fee calculation methodology. If the City Council determines that capital improvement needs are correspondingly reduced, the City Council may amend the Capital Improvement Plan, the applicable master plan, the development fee calculation methodology, the applicable development fee, or take such other action as it may deem appropriate. If the City Council determines that capital improvement needs remain the same, the City Council shall appropriate funds in an amount equal to the reduction or waiver of the development fee and shall deposit same to the applicable development fee account or take such other action as it may deem appropriate. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2214: PROTESTS/JUDICIAL REVIEW:

A. JUDICIAL REVIEW.

An applicant may seek judicial review of:

1. A final decision by the City Council on an administrative appeal, pursuant to Section 10-1-2213.

2. The adoption, by resolution or ordinance, of a new development fee or the amendment of an existing development fee or the automatic adjustment of development fee if such adjustment results in a fee increase, pursuant to this section and Government Code Section 66022.

3. The imposition of a development fee as a condition of development approval, pursuant to this section and Government Code Section 66020.

B. TIME PERIODS.

The applicable time periods for and conditions precedent to the filing of an action for judicial review are:

1. Appeal from a final decision of the City Council - not later than the 90th day following the date on which the decision becomes final.

2. Adoption of development fee ordinance or amendment - not later than the 120th day following the effective date of the ordinance or resolution. However, if the development fee has been directly imposed as a condition of development approval and is challenged as a special tax, the appellant must, at least 30 days prior to initiating legal action, request that the City provide the documents which establish that the development fee does not exceed the cost of the capital improvements for which it is imposed. The requirement for this request is a condition precedent to an action challenging the development fee as a special tax, but does not alter the applicable time period for filing an action for judicial review of the fee ordinance or amendment, pursuant to Government Code Section 66024.

3. Imposition of the development fee as a condition of development approval - if a protest is timely filed pursuant to this section and Government Code Section 66020, not later than the 180th day after the date of imposition; if a protest is not timely filed pursuant to this section and Government Code Section 66020, not later than the 90th day following imposition.

C. IMPOSITION OF A FEE.

Any party may protest the imposition of a development fee pursuant to Government Code Sections 66020 and 66021.

1. If payment of the development fee has been imposed as a condition of development project approval, the protest shall be filed at the time of such approval or conditional approval of the proposed project.

2. If the development fee has been calculated and payment is now required, the protest shall be filed within 90 days after the date of collection.

3. A valid protest must meet both of the following requirements.

(a) The applicant must tender any required payment in full or provide evidence satisfactory to the City Attorney of arrangements to ensure performance of the conditions necessary to meet the requirements of the imposition.

(b) The applicant must serve written notice on the City Council, which notice shall contain (i) a statement that the required payment is tendered, or that any conditions which have been imposed are provided for or satisfied, under protest; and (ii) a statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis of the protest.

4. If a valid and timely protest is filed by an applicant, the City Council shall schedule a hearing date, at a regular or special meeting, not more than 45 days after the filing of the protest. The City shall notify the protestant of the hearing date by certified mail, return receipt requested, at the address listed on the protest petition at least 20 days prior to the hearing date. However, if it is determined from the protest petition or from relevant City documents that the protest is improper, the City, within 20 days after receipt of the protest petition, shall reject the protest petition, stating the grounds therefor and notifying the protestant by certified mail, return receipt requested.

5. The hearing of the protest shall be administrative. Evidence may be submitted by the protestant and by the City. Testimony shall be under oath. The City Council shall make written findings of fact and conclusions of law after the close of the hearing.

6. A request for continuance of the hearing may be made by the City Council on its own motion or at the request of the protestant. If requested by the protestant, the City Council shall determine whether a continuance should be granted.

7. Within 30 days after the close of the administrative hearing, the City Council shall render its decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested at the address listed on the protest petition.

8. The findings of fact and conclusions of law shall be completed not later than 15 days following the decision of the City Council and shall be filed with the City Clerk. Upon the request of the applicant, the findings of fact and conclusions of law shall be sent to the applicant.

9. Upon the filing of the findings of fact and conclusions of law with the City Clerk, the decision of the City Council shall be deemed to be final.

10. Any petition for judicial review of the City Council’s final decision on the protest shall not be filed not later than the 90th day following the date on which the decision becomes final, and shall be made in accordance with Sections 1094.5 and 1094.6 of the Code of Civil Procedure. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2215: EFFECT OF DEVELOPMENT FEES ON ZONING AND SUBDIVISION REGULATIONS:

This article shall not affect in any manner the permissible uses of property, density or intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to zoning ordinances, subdivision ordinances or other ordinances or regulations of the City. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2216: DEVELOPMENT FEES AS ADDITIONAL AND SUPPLEMENTAL REQUIREMENTS:

Specific development fees imposed by Article 22 of the Burbank Municipal Code reflect a development’s proportionate share of the cost of providing improvements necessary to meet demands created by such development at established City service level standards. As such, development fees are additional and supplemental to, and not in substitution of, either onsite improvement requirements or off-site improvement requirements imposed by the City pursuant to zoning, subdivision or other ordinances and regulations. [Added by Ord. No. 3340, eff. 6/14/93.]

DIVISION 2. COMMUNITY FACILITIES-TRANSPORTATION IMPROVEMENT FEE

10-1-2217: SHORT TITLE:

This division shall be known as the Community Facilities-Transportation Improvement Fee. The fees imposed pursuant to this division shall be known as the Transportation Improvement Fee. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2218: PURPOSE:

A Transportation Improvement Fee is hereby imposed on new residential and non-residential development in the City of Burbank for the purpose of assuring that the transportation level of service goals of the City as set forth in the City of Burbank Development Impact Fee Nexus Study are met with respect to the additional demands placed on the transportation system by traffic generated from such development. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2219: APPLICABILITY:

This Transportation Improvement Fee shall be applicable to all new development in the City of Burbank. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2220: TRANSPORTATION IMPROVEMENT FEE REQUIREMENTS AND AMOUNT:

All residential and non-residential development shall be required to pay a Transportation Improvement Fee in accordance with Section 10-1-2206. The Transportation Improvement Fee is hereby established to be as follows:

Land Use Type	Transportation Improvement Fee
RESIDENTIAL (Market-Rate Units)
Single-Family (per new dwelling unit)	$8,010
Multi-Family (per new dwelling unit)	$3,324
RESIDENTIAL (Affordable Units within Minimum Required Quantity)
Single-Family (per new dwelling unit)	$6,709
Multi-Family (per new dwelling unit)	$2,784
RESIDENTIAL (Affordable Units above Minimum Required Quantity)
Single-Family (per new dwelling unit)	$5,007
Multi-Family (per new dwelling unit)	$2,077

Land Use Type	Transportation Improvement Fee
NON-RESIDENTIAL
Office/Institutional (GFA, per square feet)	$12.28
Retail (GFA, per square feet)	$6.67
Warehouse/Industrial (GFA, per square feet)	$2.90
Studio Uses (GFA, per square feet)	$7.33
Lodging (per new rooms)	$4,148

Fees are subject to a 5% administration fee. (For automatic adjustment section, see Section 10-1-2207.)

Subsequent actions, including those increasing or amending this fee, may be by resolution. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2221: CALCULATION OF TRANSPORTATION IMPROVEMENT FEE:

The Building Official shall calculate the amount of the applicable Transportation Improvement Fee due at the time specified in Section 10-1-2206 based upon the applicable impact rate as specified herein.

The Building Official shall calculate the amount of the applicable Transportation Improvement Fee due for residential development by determining the number and type of new dwelling units in the proposed residential development project and multiplying the same by the applicable Transportation Fee amount.

The Building Official shall calculate the amount of the applicable Transportation Improvement Fee due for non-residential development by determining the gross floor area or number of new lodging rooms, type of use and location in a non-residential development, and multiplying the same by the Transportation Improvement Fee amount as established herein.

The Building Official shall be responsible for determining the use type of the proposed development. If the Building Official determines that a proposed development is not in one of the use classifications included in the fee resolution, or, if the applicant submits relevant information and documentation acceptable to the Building Official demonstrating that the proposed development is not in one of the use classifications included in the fee resolution or is a mixed use, the Building Official shall:

A. Determine whether the proposed development has trip generation characteristics similar to a listed use classification;

B. If so, that use classification shall be used in calculating the appropriate Transportation Improvement Fee;

C. If not, the Building Official shall identify the trip generation characteristics of the proposed development and, utilizing the ITE Trip Generation Manual, assign the proposed use to the most similar land use type listed in the manual.

D. If there is no similar land use types listed in the ITE Trip Generation Manual, the Building Official may request that the applicant perform, at his own expense, a trip generation study or may utilize other statistically valid trip generation data applicable to the proposed use. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2222: ESTABLISHMENT OF TRANSPORTATION IMPROVEMENT FEE ACCOUNT:

The City hereby establishes a segregated Transportation Improvement Fee Subfund (hereafter “Subfund”) to which all Transportation Improvement Fees collected by the Building Official shall be deposited in accordance with this section, and in accordance with Section 10-1-2208. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2223: LIMITATION ON USE OF FUNDS DERIVED FROM TRANSPORTATION IMPROVEMENT FEES:

Funds derived from payment of Transportation Improvement Fees pursuant to this article shall be placed in the subfund and shall be used solely and exclusively for the purpose of funding transportation improvements and as identified in the City of Burbank Development Impact Fee Nexus Study. These funds shall not be used for the provision of roadway or transit improvements relating to (i) the needs of existing City residents; (ii) the enhancement of transportation improvements to provide a higher level of service to existing development; (iii) operation and maintenance costs associated with roadway or transit improvements, (iv) repair and/or replacement of existing provision of transportation services, as contrasted with transportation improvements. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

DIVISION 3. COMMUNITY FACILITIES - NON-TRANSPORTATION RELATED FEE

10-1-2224: SHORT TITLE:

This division shall be known as the Community Facilities - Non-Transportation Related Fee. This fee in turn is a combination of five (5) distinct subfees: parks and recreation, fire, police, information technology, and libraries. The fee imposed pursuant to this division shall be known collectively as the Non-Transportation Related Fee. The fee also may be referred to in part, by the specific subfees, e.g. fire fee, police fee, library fee, information technology fee, and parks and recreation fee. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2225: PURPOSE:

A Community Facilities Non-Transportation Related Fee is imposed on new residential and non-residential development in the City of Burbank for the purpose of assuring that the current level of service goals of the City as set forth in the City of Burbank Development Impact Fee Nexus Study are met with respect to the additional demands placed on library, police, fire, information technology, and parks and recreation capital generated from such development. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2226: AFFECTED AREA:

This Community Facilities Non-Transportation Related Fee shall be applicable to all new development in the City of Burbank. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2227: COMMUNITY FACILITIES NON-TRANSPORTATION RELATED FEE REQUIREMENTS AND AMOUNT:

All development shall be required to pay a Community Facilities Non-Transportation Fee in accordance with Section 10-1-2206. The Community Facilities Non-Transportation Fee per population increases by land use and, where relevant, by location, shall be as follows:

Land Use Type	Community Facilities Non-Transportation Related Fee
	Total	Fire	Police	Library	Parks	Information Technology
Non-residential
Office/Institutional (per square feet)	$4.62	$0.35	$0.34	$1.02	$2.50	$0.41
Retail (per square feet)	$2.80	$0.21	$0.21	$0.62	$1.51	$0.25
Warehouse/Industrial (per square feet)	$2.80	$0.21	$0.21	$0.62	$1.51	$0.25
Studio (per square feet)	$3.07	$0.24	$0.23	$0.68	$1.66	$0.26
Lodging (per room)	$527	$40	$39	$117	$285	$46
Residential (Market-Rate Units)
Single-Family (per new dwelling unit)	$4,582	$383	$292	$1,438	$2,123	$346
Multiple-Family (per new dwelling unit)	$3,599	$300	$230	$1,130	$1,668	$271
Residential (Affordable Units within Minimum Required Quantity)
Single-Family (per new dwelling unit)	$3,838	$320	$245	$1,205	$1,778	$290
Multiple-Family (per new dwelling unit)	$3,015	$252	$192	$946	$1,397	$228
Residential (Affordable Units above Minimum Required Quantity)
Single-Family (per new dwelling unit)	$2,864	$239	$183	$899	$1,327	$216
Multiple-Family (per new dwelling unit)	$2,250	$187	$144	$707	$1,043	$169

Fees are subject to a 5% administration fee. (For automatic adjustment section, see Section 10-1-2207.)

Subsequent actions, including those increasing or amending this fee, may be by resolution. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2228: CALCULATION OF COMMUNITY FACILITIES NON-TRANSPORTATION FEE:

The Building Official shall calculate the amount of the applicable Community Facilities Non-Transportation Fee due at the time specified in Section 10-1-2206 based upon the applicable impact rate as specified herein.

The Building Official shall calculate the amount of the applicable Community Facilities Non-Transportation Fee due for non-residential development by determining the gross square feet of floor area, type of use and location in a non-residential development, and multiplying the same by the applicable Community Facilities Non-Transportation Fee amount as established herein.

The Building Official shall calculate the amount of the applicable Community Facilities Non-Transportation Fee due for residential development by determining the number and type of dwelling units in the proposed residential development project and multiplying the same by the applicable Community Facilities Non-Transportation Fee amount as established herein. [Added by Ord. No. 3340, eff. 6/14/93.]

10-1-2229: ESTABLISHMENT OF COMMUNITY FACILITIES NON-TRANSPORTATION FEE ACCOUNTS:

The City hereby establishes a segregated Community Facilities Non-Transportation Fee Subfund (hereafter “Subfund”) to which all Non-Transportation Improvement Fees collected by the Building Official shall in turn be divided into five (5) separate accounts (hereafter “Fire Subfund”; “Parks Subfund”; “Police Subfund”; “Information Technology Subfund”; and “Library Subfund”). The Non-Transportation Fees shall be divided into the five (5) separate accounts in the manner set forth in Section 10-1-2227. All fees collected shall be deposited in accordance with this section and in accordance with Section 10-1-2208. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]

10-1-2230: LIMITATION ON USE OF FUNDS DERIVED FROM COMMUNITY FACILITIES-NON-TRANSPORTATION IMPROVEMENT FEES:

Funds derived from payment of Community Facilities Non-Transportation Fees pursuant to this article shall be placed in the separately identified accounts and used solely and exclusively for the purpose and improvements as identified in the City of Burbank Development Impact Fee Nexus Study. [Added by Ord. No. 3340, eff. 6/14/93; amended by Ord. No. 22-3,976, eff. 7/22/22.]