Avalon City Zoning Code
CHAPTER 9
18 Development Impact Fees
§ 9-18.101 Purpose and Findings.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
(a)
The purpose of this chapter is to establish provisions for assessing and collecting fees as a condition of a development approval. The development impact fees in this chapter are established in accordance with California Government Code § 66000 et seq.
(b)
The purpose of the fees is to recover from development projects the costs of providing public facilities which are reasonably related to the impacts of the development project. New development in the City will require the provision of new and expanded public facilities that are necessary to maintain the same standards of service now experienced by the residents and businesses in the City of Avalon. The City Council finds that it is in the interest of the public's health, safety and welfare for new development to pay the proportional costs of providing the public facilities reasonably related to the impacts of the new development.
(c)
The fees shall be used for those purposes identified in § 9-18.107, Use of Development Impact Fees.
(d)
The City Council finds that there is a reasonable relationship between the use of the fees and the types of development projects on which the fees are imposed. The public facilities for which the fees are collected are reasonably related to the types of development to which they apply.
(e)
The City Council finds that there is a reasonable relationship between the need for the public facilities and the type of development projects to which the fees apply.
(f)
The City Council finds that there is a reasonable relationship between the amount of the fees and the costs of the public facilities or portions thereof attributable to the development project on which the fees are imposed.
§ 9-18.102 Definitions.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them in this section:
DEVELOPMENT APPROVAL
The approval of an application required for the development of a development project pursuant to the normal regulations, processes and procedures of the City and approval of all plans by the City that culminate in the authorization to an owner, or the owner's developer, to proceed with the actual physical development of the development project, including the issuance of all necessary permits and other entitlements for the development of land, such as conditional use permits, site approvals, variances, subdivision and parcel maps.
DEVELOPMENT IMPACT FEE
A monetary exaction, other than a tax or special assessment, that is to be charged by the City to the applicant, either an owner or a developer, in connection with development approval of a development project for the purpose of defraying the estimated cost of the public facilities related to the development project, but does not include a fee specified in § 66477 of the California Government Code, a fee specified in § 66013 of the California Government Code, a fee for processing applications for regulatory actions or approvals, or other fees collected under City development agreements.
DEVELOPMENT PROJECT
Any parcel of land within the City to be developed or improved by an owner or a developer for a purpose permitted by City regulations applicable to such parcel for which a development approval is required.
PUBLIC FACILITIES
All those public facilities, improvements and community amenities described in § 9-18.103, Need for Public Facilities, and the resolution or ordinance adopting the development impact fees, or associated nexus study.
RESOLUTION
The resolution adopted from time to time that contains the current schedule of development impact fees applicable to each type of development project.
§ 9-18.103 Need for Public Facilities.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
In order to implement the goals and objectives of the City's general plan and applicable specific plans by accommodating the need for public facilities and mitigating the financial and physical impacts for all development projects within the City, the following public facilities must be provided and paid for or financed:
(a)
Public safety and fire protection facilities.
(b)
Circulation facilities.
(c)
Transportation facilities.
(d)
Landfill and solid waste disposal facilities.
§ 9-18.104 Need for Development Impact Fees.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
The City Council has determined that development impact fees are needed in order to finance these public facilities and to allocate the responsibility to pay each development project's fair share of the costs of providing such public facilities.
§ 9-18.105 Basis for Calculation of Development Impact Fees.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
The basis for calculating development impact fees shall be approved by the City Council and established by resolution or ordinance of the City Council.
§ 9-18.106 Consistency With City General Plan.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
The development impact fees shall be consistent with the City's General Plan.
§ 9-18.107 Use of Development Impact Fees.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
Development impact fees shall be used for the purposes set forth in the resolution or ordinance adopting such fees, and/or as provided in any supporting material for such fees.
§ 9-18.108 Establishment, Annual Adjustment and Imposition of Development Impact Fees.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
(a)
The fees will be established by City Council resolution or ordinance, and may be adjusted as set forth therein.
(b)
Fee Amount. The total amount of impact fees shall be calculated, fixed and imposed as of the date specified in the City Council resolution establishing the fees, excepting only those development projects that are subject to an existing development agreement where such agreement expressly provides for the amount and timing of development impact fees.
(c)
The obligation to pay the fee shall inure to the benefit of and be enforceable by the City.
(d)
Nothing contained herein or in the resolution or ordinance establishing the development impact fees shall be deemed to limit the ability of the City to enter into a development agreement with any developer, and to provide for provision of necessary facilities in addition to or in lieu of the fees adopted by the City Council.
§ 9-18.109 Creation of Special Fund and Accounts.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
(a)
There hereby is created a development impact fee fund, within the City's fund structure and accounting system, which shall contain an account for each development impact fee collected pursuant to this chapter and all interest accruing from the investment of such fees contained within each account.
(b)
All development impact fees collected pursuant to this chapter shall be deposited in the appropriate fee account within the development impact fee fund. Funds within each account within the fund may be encumbered, obligated or expended by appropriation or other action of the City Council for specific projects which are of the same category of public facilities as those for which the fees were collected.
§ 9-18.110 Basis of Fee Computation.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
The fees shall be computed in accordance with the resolution or ordinance adopting such fees.
§ 9-18.111 Project Credit.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
To the extent development impact fees have previously been paid on behalf of a development project, and additional fees are required as a result of new construction or redevelopment, rehabilitation, renovation, expansion, change of use, or otherwise, the amounts previously paid shall be credited against any additional development impact fees owed. Nothing contained herein or in the resolution or ordinance establishing any development impact fees shall be deemed to limit the ability of the City to enter into development agreement with any developer, and to provide for provision of necessary facilities in addition to or in lieu of all of the fees adopted by the City Council.
§ 9-18.112 Appeal of City Manager or Director of Public Works Decision.
[3-2-2020 by Ord. No. 1183-20, effective 5-1-2020]
An owner or developer of any development project may appeal any determination of the City Manager or Director of Public Works hereunder, including, but not limited to, those regarding the total amount of development impact fees due, a project credit, actual project cost and determination of project reimbursement, by filing a written appeal to the City Council within 15 days of such determination. Such written appeal shall contain all of the grounds for the appeal, and the owner or developer shall be precluded from asserting any other grounds in such appeal or in any action or proceeding thereafter.
