CHAPTER 1
TITLE, AUTHORITY, AND PURPOSE
Sections:
11100 Title.
This Article may be cited as the Interim Development Impact Fee Ordinance. (Ord. 19-1931, § 2)
11101 Authority.
This Chapter is enacted pursuant to the Mitigation Fee Act (Title 7, Division 1 of the Government Code). The Community Development Director may, in his or her discretion, present to the Planning Commission for review and recommendation any proposed revisions to this Chapter. (Ord. 19-1931, § 2)
11102 Intent and Purpose.
Interim development impact fees are authorized by the City Charter and are charged by the City to applicants in connection with approval of development projects for the purpose of defraying all or a portion of the costs of public facilities (defined in CMC 11300) required to serve the development.
The legal requirements for enactment of interim development impact fee programs are set forth in the Mitigation Fee Act (Title 7, Division 1 of the Government Code). Interim development impact fees are legislatively adopted based on objective fair-share studies and standardized pro rata formulas. Development impact fee programs contrast with negotiated exactions, which are determined on an ad hoc project-by-project basis during the development approval process.
The provisions in this Chapter are intended to comply with the City Charter and the Mitigation Fee Act. In the event of any ambiguity in the provisions of this Chapter, such provisions shall be interpreted so as to be consistent with the City Charter and the Mitigation Fee Act. In the event that any provisions of the Chapter conflict with the Mitigation Fee Act, the provisions of the Charter shall control, and the Mitigation Fee Act shall secondarily control. (Ord. 19-1931, § 2)