11-19
DEVELOPMENT IMPACT FEE PROGRAM:
11-19.1 Definitions:
Development permit shall mean any zoning entitlement permit or approval from the city of Lynwood, including, but not limited to, a general plan amendment, zoning or rezoning of property, a conditional use permit, subdivision map, development review application, building permit or other permit for construction, reconstruction or remodeling. “Development permit” also includes permits for the erection of manufactured housing or structures and structures moved into the city.
Initial effective date shall mean the effective date hereof creating this section.
New development or development project shall mean any development requiring a development permit.
Public facilities includes public improvements, public services and community amenities.
Section or this section shall mean section 11-19 of this chapter. (Ord. #1574, §2)
11-19.2 Purpose And Applicability Of Program:
a. The city council declares the purpose of this section is to provide for the orderly, fair and fiscally sound development of property located within the city of Lynwood in order to promote the health, safety and welfare of the residents of Lynwood and to comply with the provisions of Government Code section 66000 et seq., or any applicable successor statutes.
b. The impact fee program established by this section and any subsequently adopted development impact fees shall apply to all new development or development projects as defined in subsection 11-19.1 of this section, with the following exceptions:
1. Development projects for which a final map, as described in section 24-6 et seq., of this code, or any successor code section or ordinance of the city, has been duly approved by the city council and recorded as of the effective date hereof, provided the project is built in conformance with the final map and pays all applicable development impact fees previously imposed.
2. Government/public buildings, public schools, or other public facilities.
3. Alteration, remodeling, rehabilitation and/or reconstruction of, or additions to, any existing legal residential structure where no additional dwelling units are created and/or the use is not changed. Any change in use or increase in the number of dwelling units shall pay the current applicable development impact fees for such use or increase.
4. Alteration, remodeling, rehabilitation and/or reconstruction of any existing legal nonresidential structure where there is no net increase in square footage of the structure and/or the use is not changed. Any change in use or increase in square footage of the structure shall pay the current applicable development impact fees for such use or increase.
5. Development projects that are the subject of a development agreement entered into pursuant to Government Code section 65864 et seq., prior to the initial effective date of this section, wherein the imposition of new fees is expressly prohibited; provided, however, if the term of such development agreement is extended after the initial effective date of this section, the development impact fees shall be imposed.
6. Disposition and development agreements “DDAs” entered into prior to the effective date of this section, unless the specific provisions of such a DDA provide for or permit the imposition of impact fees that may be later established by the city.
7. Development projects with an approved tentative subdivision map(s) or recorded lots that are vested pursuant to Government Code sections 66498.1 through 66498.9 or other applicable laws vesting the development project and affecting the collection of development impact fees.
8. Development projects where a building permit has been obtained prior to the effective date of this section. (Ord. #1574, §2)
11-19.3 Established:
a. Except as provided in subsection 11-19.2 of this section, a public facilities development impact fee (the “PFDIF”) is hereby established to be imposed on all new development or development projects for which a development permit is issued on or after the effective date of this section. The PFDIF is hereby established for the following categories of public facilities:
1. Police services.
2. Water facilities.
3. Parks and recreation facilities.
4. Wastewater facilities.
5. Technological enhancements.
6. Childcare facilities.
7. Noise monitoring system.
8. Civic center/city garage.
b. Except as provided in subsection 11-19.2 of this section, a transportation development impact fee (the “TDIF”) is hereby established to be imposed on all new development or development projects for which a development permit is issued on or after the effective date of this section.
c. The PFDIF and the TDIF are hereinafter referred to collectively as the “impact fees” or the “fees”.
d. By resolution, the city council may modify or amend the categories of public facilities funded by impact fees, as well as the specific infrastructure projects identified within each category to maintain compliance with the city’s general plan, zoning code, capital improvement plan, or any master facilities plan(s) subsequently adopted by the city. The procedures specified in Government Code section 66000 et seq., or any applicable successor statutes, shall be observed prior to the adoption of such resolution. (Ord. #1574, §2)
11-19.4 Fee Computation:
a. New development or development projects shall be classified into one of the following types of uses, and shall pay the impact fee pursuant to that classification, as determined by the city manager or his/her duly authorized designee:
1. Single-family residential.
2. Multi-family residential.
3. Commercial.
4. Industrial.
5. Office.
b. The impact fees due hereunder shall be determined and calculated by the city manager or his/her duly authorized designee in accordance with the development impact fee schedule adopted pursuant to subsection 11-19.6 of this section.
c. If a single project or building contains more than one of the types of specified uses (a mixed use), the impact fee shall be determined by applying to each use type the applicable fee for that individual use. (Ord. #1574, §2)
11-19.5 Other Fees And Charges:
Payment of the impact fees are in addition to the requirements imposed by other laws, policies or regulations of the city relating to the construction or the financing of public improvements within subdivisions or developments. (Ord. #1574, §2)
11-19.6 Amount Of Impact Fee:
a. The specific amount of impact fees created to fund the public and transportation facilities specified in subsections 11-19.3a and b of this section shall be initially set forth by a resolution of the city council adopting a development impact fee schedule (the “schedule”). The schedule may be amended annually or from time to time in accordance with the procedures and based upon the findings for such fees set forth in Government Code section 66000 et seq., or any applicable successor statutes.
b. On July 1 of each fiscal year, beginning in July 2007, the director of finance, or his/her designee shall make annual adjustments to the dollar amounts on the schedule by a percentage equal to the percentage change in the “Engineering News Record’s Construction Cost Index-20 Cities Annual Average” for the preceding twelve (12) month period calculated from April 1 to March 31. This adjustment will offset the effects of inflation related construction cost increases (or any deflation related decreases). If this index should cease publication, the director of finance shall use any appropriate official index published by the bureau of labor statistics, or successor, or similar agency as may then exist or may then be most nearly equivalent thereto. Land costs may be evaluated annually and adjusted as necessary based on the current market conditions at the time. The director of finance shall present the new schedule for adoption by resolution of the city council after at least one public hearing.
c. At least once every five (5) years the city council shall review the basis for the impact fees to determine whether fees are still reasonably related to the needs of new development. (Ord. #1574, §2)
11-19.7 Purpose And Use Of Impact Fees:
a. The impact fees established pursuant to this section and collected pursuant to the adopted schedule shall be expended only for the public facilities for which they were imposed, calculated and collected. The impact fees may also be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the city to finance such public facilities.
b. The impact fees may also be used to reimburse the city for the costs associated with the administration and implementation of the impact fee program and to make refunds as required by Government Code section 66001 or any applicable successor statute. (Ord. #1574, §2)
11-19.8 Imposition And Payment:
a. Except as otherwise provided by the provisions of this section or any amendment or resolution adopted hereunder, the city shall impose the impact fee as a condition of approval of all new development or development projects.
b. In the case of nonresidential new development or development projects, the impact fees shall be paid prior to the issuance of a building permit for construction of any part of the project.
c. Unless earlier payment is permitted pursuant to the provisions of Government Code section 66007, or any applicable successor statute, the impact fees for residential developments shall be paid on the date of the final inspection or on the date the certificate of occupancy is issued, whichever date occurs first.
d. In no event shall a certificate of occupancy be issued for a new development or development project without payment of the impact fees.
e. Whenever impact fees are imposed pursuant to this section, the city shall provide each applicant for a development permit with a notice in writing at the time of the approval of the development permit or at the time of the imposition of the impact fees, a statement of the amount of the fees and notification of the ninety (90) day approval period in which the applicant may protest the fees. Said notice shall be in substantially the following form:
The conditions of project approval for your project, identified as ______________________________, include certain fees, dedication requirements, reservation requirements and/or other exactions more specifically described as: (identification of the amount of the Impact Fee and/or description of the dedications, reservations or other exactions. The applicant is hereby notified that the 90-day protest period to challenge such items has begun as of the date of the project approval or the date of the Impact Fee imposition, which was ___________. If the applicant fails to file a protest regarding any of the fees, dedications, reservations or other exaction requirements as specified in Government Code §66020, the applicant shall be legally barred from later challenges.
(Ord. #1574, §2)
11-19.9 Disposition Of Impact Fees:
a. To avoid commingling of the PFDIF with other revenues and funds of the city, the city shall deposit any PFDIF collected pursuant to subsection 11-19.3a of this section in a separate public facilities development impact fee fund (the “PFDIF fund”), which shall consist of individual accounts for each category of public facilities specified in that subsection, as such subsection may be amended from time to time. The PFDIF fund shall be interest bearing and the accumulated interest shall become a part of the fund and shall be allocated amongst the individual accounts therein.
b. To avoid commingling of the TDIF with other revenues and funds of the city, the city shall deposit any TDIF collected pursuant to subsection 11-19.3b of this section in a separate transportation development impact fee fund (the “TDIF fund”). The TDIF fund shall be interest bearing and the accumulated interest shall become a part of the fund and shall be allocated amongst the individual accounts therein.
c. The PFDIF and TDIF funds (hereinafter referred to collectively as the “funds”) shall be used only to:
1. Fund the capital costs for the public and transportation facilities adopted by resolution of the city council pursuant to subsections 11-19.3a and b of this section. The costs of construction of public facilities shall include acquisitions of property and property rights, costs of construction, including costs associated with planning, administration and design, as well as actual building or installation, or any other costs associated with the construction of the public facilities.
2. Reimburse the city of Lynwood to offset administrative costs associated with administering and updating the impact fee program.
3. Make refunds if and when required by the applicable sections of Government Code 66000 et seq., or any applicable successor statutes. (Ord. #1574, §2)
11-19.10 Reporting Of Funds:
The director of finance or his/her designee shall comply with the public reporting requirements for the funds and accounts therein within one hundred eighty (180) days of the end of each fiscal year as specified in Government Code section 66006(b), or any applicable successor statute. The director of finance or his/her designee shall also present the public reports to the city council for review at the first regular council meeting that occurs not more than fifteen (15) days after the reports are made available to the public as specified in Government Code section 66006(b), or any applicable successor statute. (Ord. #1574, §2)
11-19.11 Findings Requirements:
For the fifth fiscal year following the first deposit into the PFDIF or TDIF fund, and every five (5) years thereafter, the city shall make the findings required by Government Code section 66001(d), or any applicable successor statute, with respect to any monies remaining unexpended in the funds and the accounts therein. The city shall also comply with the notice and refund provisions of Government Code sections 66001(e) and (f), or any applicable successor statutes. (Ord. #1574, §2)
11-19.12 Protest:
Any person subject to the fee established by this section may protest the imposition of same by complying with the protest provisions in the mitigation fee act1 in effect at the time of the protest. (Ord. #1574, §2)
11-19.13 Compliance; Enforcement:
a. No person shall fail to pay, when due, any impact fees imposed pursuant to this section.
b. The impact fees due pursuant to this section shall constitute a debt to the city. An action for the collection thereof may be commenced in the name of the city in any court having jurisdiction of the cause; however, nothing in this subsection shall prevent a criminal prosecution for any violation of this section.
c. It shall be a misdemeanor to engage in any construction activity without first obtaining the required development permit and complying with all other applicable provisions of this section. (Ord. #1574, §2)
Gov.C. §66000 et seq.