Chapter 3.34
POLICE FACILITIES IMPACT FEE
Sections:
3.34.030 Fees and application.
3.34.040 Fees schedule and computation of fee.
3.34.050 Imposition and timing of fees.
3.34.060 Disposition and use of the fees.
3.34.010 Intent and purposes.
This chapter is intended to assist in the implementation of the policies of the general plan by providing for adequate public facilities to support orderly development. Further, the purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide for public facilities that serve such development. (Ord. 2015-03 § 2 (Exh. A) (part), 2015)
3.34.020 Definitions.
A. “Police protection and facilities” means equipment and facilities needed to maintain adequate levels of service while accommodating the needs of future development, as identified in the development impact fee study conducted by PMC, dated April 2015, and subsequent capital improvement program.
B. “Impact fee” means a monetary exaction imposed by the city pursuant to this chapter as a condition of or in conjunction with approval of a development project for the purpose of defraying all or some of the city’s cost or repaying costs previously expended from other city funds for capital improvements.
C. “Impose” means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval.
D. “New development” or “development project” means any new building, structure or improvement of any parcels of land, upon which no like building, structure or improvement previously existed.
E. “Residential unit” means a single- or multiple-family dwelling unit, consisting of one family per unit.
F. “Nonresidential unit” means each one thousand square feet of indoor floor area of construction intended primarily for commercial, retail, office, warehousing or industrial uses. (Ord. 2015-03 § 2 (Exh. A) (part), 2015)
3.34.030 Fees and application.
This chapter establishes development impact fees, which are imposed as a condition of approval upon all new development projects for which a building permit is issued on or after the effective date of the ordinance codified in this chapter. Those impact fees are hereby established for the following public facilities:
A. Police Protection Facilities and Equipment. These impact fees are established in order to pay for the capital costs of police protection reasonably related to the needs of new development in the city. (Ord. 2015-03 § 2 (Exh. A) (part), 2015)
3.34.040 Fees schedule and computation of fee.
A. The city council shall establish by resolution a schedule fee per residential or nonresidential unit, or as applicable, to be imposed on new development, calculated to provide the sum of money necessary to pay the estimated total capital costs of police protection, as identified in the April 2015 development impact fee study approved by council, to serve new development within the urban growth boundary. The amount of the fee shall be determined by resolution adopted by the city council and shall be based on the capital cost per unit or area by general plan land use designation. Following adoption of a fee schedule or a subsequent revised fee schedule, such fee shall become effective sixty days after the date of adoption thereof by the city council.
B. The schedule of fees shall be those amounts established by resolution of the city council adopted on May 26, 2015, and shall remain in effect until March 1, 2016. Effective March 1, 2016, and each succeeding March 1st thereafter, the schedule of fees may be adjusted in accordance with the following criteria:
1. On January 1st of each year beginning 2016, the director shall review the current National Engineering News Record Construction Cost Index (ENRCCI) for Los Angeles, California. When such index differs from the index for the preceding January 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the ENRCCI for the current January 1st by that pertaining to the previous January 1st. The individual police protection and facilities fee rates shall be multiplied by such factor to determine the adjusted schedule of fees.
2. The director shall add to the schedule of fees the police protection and facilities fee rates for new planned police protection and facilities in the community established by the city council concurrently with the amendment of the general plan adding thereto such new planned police protection facilities.
3. In the event of the establishment by resolution of the council of a new schedule of fees, the adjustment of such schedule provided in subsection (B)(1) of this subsection shall begin the January 1st occurring after such new schedule has been in effect for twelve months and shall include the period from the date of the adoption of such new schedule to such January 1st.
C. The rates per residential unit or nonresidential units used to compute police protection and facilities fee rates levied and collected pursuant to this chapter for parcels of land located in the community shall be those rates set forth in the schedule of fees established by resolution of the city council as set forth in this section.
D. At least once every five years, the council shall review the basis for the impact fees to determine whether the fees are still reasonably related to the needs of new development, and if necessary, to update the previously approved fee study to do so. (Ord. 2015-03 § 2 (Exh. A) (part), 2015)
3.34.050 Imposition and timing of fees.
A. Except as provided in this chapter, the city may impose impact fees as a condition of approval of all new development projects.
B. After an individualized determination that each fee has been calculated as provided in this chapter, the impact fees shall be imposed prior to any development permit for new development.
C. The development impact fee shall be collected at the time and as a condition for issuance of a building permit, except as otherwise provided in Government Code Section 66007 or as provided herein.
D. The payment of police protection impact fees and facilities impact fees may be deferred until final inspection. In no case shall a certificate of occupancy be issued without the payment of the above-referenced impact fee. (Ord. 2015-03 § 2 (Exh. A) (part), 2015)
3.34.060 Disposition and use of the fees.
The financial manager shall establish a separate account for each type of facility listed in Section 3.34.030(A). All impact fees collected by the city shall be deposited in the account established for the specific type of facility for which the fee is collected. Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account.
Funds deposited in those accounts shall be used only to pay for facilities resulting from new development within the urban development boundary, as defined by the current adopted general plan. (Ord. 2015-03 § 2 (Exh. A) (part), 2015)
3.34.070 Refunds.
If the development for which the impact fees were collected is not constructed, the fees will be returned at the request of the developer, pursuant to limitations by state statute. (Ord. 2015-03 § 2 (Exh. A) (part), 2015)
3.34.080 Protest.
Any party subject to the fees established by this chapter may protest the imposition of those fees by meeting all of the following requirements:
A. Tendering any required payment in full or providing satisfactory evidence of arrangements to ensure performance of the conditions necessary to meet the requirements of the imposition of the fee.
B. Serving written notice of protest on the city council, which notice shall contain all of the following information:
1. A statement that the required payment is tendered under protest.
2. A statement informing the city council of the factual elements of the dispute and the legal theory forming the basis for the protest.
C. Serving the written notice of protest no later than ninety days after the date of the imposition of the fee.
The city council shall consider that protest at a hearing to be held within sixty days after the filing of the protest. The decision of the city council shall be final. (Ord. 2015-03 § 2 (Exh. A) (part), 2015)
3.34.100 Exemptions.
The fees imposed under this chapter shall not apply to the following:
A. Remodeling or alteration of an existing dwelling or building.
B. Additions to an existing dwelling or building that do not cause the site upon which the dwelling or building is situated to be expanded.
C. Only charge nonresidential fees for the portion actually developed. (Ord. 2015-03 § 2 (Exh. A) (part), 2015)