The purpose of this chapter is to implement the goals and objectives of the city's general plan and to mitigate the impacts caused by new development within the city through the imposition of public facilities fees necessary to finance public facilities and to assure that each new development pays its fair share for these facilities.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

When used in this chapter and in resolutions adopted under this chapter, words and phrases will have the following meanings unless another meaning is plainly intended, or expressly provided. To the extent that terms utilized in this chapter are not defined, but are defined elsewhere in the Rolling Hills Estates Municipal Code, such terms have those meanings.

"Accessory building" means a secondary building on a single-family lot other than the main habitable building(s) or any second dwelling unit. Examples include workshops, storage sheds, detached private garages, guesthouses, tool/garden sheds, playhouses and animal shelters. Accessory buildings may be attached to the main building or may be detached structures. If attached to the main building, the structure must comply with ordinance and structural requirements of the main building.

"Affordable housing" means (1) for rental housing units that are rented to "lower income households" (as defined in Health & Safety Code section 50079.5) at an "affordable rent" (as defined in Health & Safety Code section 50053), or (2) for housing units offered for sale, that are sold to "persons or families of low or moderate income" (as defined in Health & Safety Code section 50093) at a purchase price that will not cause the purchaser's monthly housing cost to exceed the "affordable housing cost" (as defined in Health & Safety Code section 50052.5).

"Calculation" means the point in time at which the city calculates the amount of the public facilities fees to be paid by the applicant.

"Commercial General Mixed Use Overlay Zone" means that portion of the Commercial General Zone set forth in Chapter 17.30 of this code that has the mixed use overlay set forth in Chapter 17.37 of this code, as referenced in Planning Area 6 in the Land Use Element of the city's general plan.

"Development project" means any project undertaken for the purpose of development. Development project includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

"Fee" means a money exaction, other than a tax or special assessment, which is charged by the city to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project.

"Imposition" means the determination that public facilities fees are applicable to the development and the attachment of the fee as a specific condition of development approval.

"Mitigation Fee Act" has the meaning set forth in Government Code section 66000.5.

"Public facility" includes public improvements, public services and community amenities.

"Quimby Act" means California Government Code section 66477.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

A.

Applicants for new development within the city must pay the categories of public facilities fees identified in the following table as applicable to the development project, except as otherwise provided by Section 17.74.040 (Exemptions). These fees constitute an equitable share of the cost of mitigating future project demands for the identified facilities and services. Applicants will also be responsible for paying any other fee required by the city, including those set forth by resolution or by the municipal code, and any additional mitigation measures imposed as part of the environmental review process.

PUBLIC FACILITIES FEES

B.

The amount of applicable fees will be set by resolution of the city council. The city may establish an automatic annual fee adjustment using an appropriate cost index.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

A.

The following development projects or portions of projects are exempt from the fee requirements of this chapter:

1.

Nonresidential development which replaces on the same lot previously existing, legal nonresidential development, not to exceed the square footage of the previously existing legal development. If the project applicant is proposing to increase the square footage of the existing legal development, the fee will be assessed based on the increase in square footage.

2.

Residential development which replaces on the same lot previously existing legal residential development, unit for unit, of the same type. If the project applicant is proposing to replace an existing legal dwelling unit or units with a greater number of units on the same lot, then the fee will be paid for the number of new dwelling units that exceed the number of the existing legal dwelling units on that lot.

3.

Rehabilitation or remodeling of previously existing, legal residential development.

4.

The construction of a garage, pool house, or accessory building.

5.

Development of golf course open space areas, including driving ranges, fairways and greens only. All structures, paved parking areas, sales areas and other similar non-open-space areas of the golf course are subject to payment of fees.

6.

Development by local, state or federal governments for governmental use.

7.

The reconstruction of any 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 will be deemed to be new construction and fees will be calculated pursuant to Government Code section 66011.

8.

Park and recreation fees for residential development projects that require a subdivision, which are subject to Quimby Act fees calculated under Chapter 16.08 of this code.

B.

A residential or mixed use development that provides affordable housing, but does not meet the minimum thresholds to qualify for a density bonus and/or other incentive(s) under Government Code section 65863, will be assessed 50 percent of the fee that would otherwise be imposed for those units designated as affordable housing. This fee reduction only applies to the individual housing units which are designated as affordable housing and not to the entire development project. This section does not apply to and does not alter the fees that will be assessed against a development project that provides affordable housing but qualifies for a density bonus and/or other incentives under Government Code section 65863.

C.

If the city council determines that a development project provides a special and unique benefit to the city and its residents over and above the benefits required under other provisions of the city's municipal code, or is necessary to protect the health and safety of city residents, it may waive or reduce the public facilities fees.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

A.

Public facilities fees are imposed as a condition of development approval unless expressly exempted by this chapter or prohibited by law.

B.

The fees required by this chapter will be paid in compliance with the following procedures:

1.

Nonresidential Projects. The fees required from nonresidential applicants must be paid before the city issues a building permit for the project.

2.

Phased Nonresidential Projects. If a nonresidential project will be constructed in phases, and separate building permits will be issued for each phase, the fees imposed in compliance with this chapter will be calculated on the basis of the gross floor area of the entire project. The fees may be paid separately for each phase of the project so that the amount paid upon issuance of a building permit will be the percentage of the total fee equal to the percentage of project's gross floor area allowed to be constructed by the building permit.

3.

Residential Projects. The fees required from a residential project applicant will be paid in accordance with the provisions of Government Code section 66007 and will be collected at the earliest time allowed under that section. The city may, prior to the issuance of a building permit for a residential development subject to the fees, require that the applicant, as a condition to the issuance of a building permit, execute a contract to pay the applicable fees prior to issuance of a certificate of occupancy.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

The city will deposit each category of public facilities fees received in separate public facility accounts to be expended for the purpose for which they were collected, and will expend the fees solely for the purpose for which they were collected. The city will retain fee interest accrued and allocate it to the accounts for which the original fee was imposed.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

A.

Undeveloped projects. If a building permit expires without commencement of construction, then the fee payer may be entitled to a refund, without interest, of the fee paid as a condition for its issuance. The fee payer must submit an application for refund to the city clerk within 60 calendar days of expiration of the building permit. Failure to timely submit the required application for refund will constitute a waiver of any right to the refund.

B.

Unexpended fees. Any unexpended fees collected may be refunded in accordance with the Mitigation Fee Act.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)