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HomeMy WebLinkAbout97-14 CC OrdinanceORDINANCE NO. 97-14 AN ORDINANCE OF THE CITY OF TEMECULA AMENDING CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE RELATING TO PUBLIC FACILITIES DEVELOPMENT IMPACT FEES AND CREDITS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: ~qeetion 1. Chapter 15.06 of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby amended to read as follows: "Chapter 15.06 Public Facilities Development Inlpact Fee 15.06.010 Findings and Intent. A. The City Council finds that Temecula is a rapidly growing City. The City's population has the potential to grow from a current population of about 40,000 to over 200,000 at build out. This increase in population is reasonably expected to create a substantial increase in the demand placed upon public facilities. The City's existing public facilities will soon become inadequate to handle the projected population growth at existing levels of service. In order to serve the projected population growth, public facilities must be expanded. B. It is the intent of the City to require every person who develops land to mitigate the impacts of that development on the City's public facilities. The City will therefore require developers to pay a public facilities development impact fee that will assist in meeting the demand for public facilities caused by development. The public facilities will be constructed in accordance with a capital improvement plan adopted by resolution of the City Council. C. The amount of the public facilities development impact fees collected pursuant to this Chapter shall be limited to the cost of public facilities attributable to new development. The amount of the public facilities development impact fees collected shall not include the cost of public facilities that serve existing development. 15.06.020 Residential Public Facilities Development Impact Fee Required. A. Except as provided in Sections 15.06.040 and 15.06.050, a developer shall pay a public facilities development impact fee for each building which is part of a residential development, in an amount established by resolution of the City Council, upon final inspection for that building, or the date the certificate of occupancy is issued for that building, whichever occurs first; provided, however, that if a residential development contains more than one dwelling, the Director of Community Development may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first; on a pro rata basis when a certain percentage of the dwellings have received their final inspection or certificate of occupancy, whichever occurs first; or on a lump-sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first. If the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the Director of Community Development may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time specified above. The contract shall be recorded with the Riverside County Recorder and shall constitute a lien for the payment of the fee. B. For purposes of this Section, "final inspection" or "certificate of occupancy, shall be defined as that term is defined in Government Code Section 66007, as amended. 15.06.030 Non-Residential Public Facilities Development Impact Fee Required. A. Except as provided in Sections 15.06.040 and 15.06.050, a developer shall pay a public facilities development impact fee for each building in a non-residential development or new square footage of a building in a non-residential development, in an amount established by resolution of the City Council, prior to issuance of a building permit for that building. Construction which does not result in new square footage shall not be subject to a public facilities development impact fee. B. Notwithstanding paragraph A of this Section, a building permit may be issued to a developer prior to payment of a public facilities development fee, if the developer qualifies as a any nonprofit organization that is exempted from taxes by Section 501(c)(3) of the Internal Revenue Code of 1986. If, pursuant to this paragraph, the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the non-residential development encumbered thereby, the Director of Community Development may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, upon transfer of the non-residential development, or the applicable portion thereof, to a purchaser that does not qualify as a nonprofit organization that is exempted from taxes by Section 501(c)(3) of the Internal Revenue Code of 1986. The contract shall be recorded with the Riverside County Recorder and shall constitute a lien for the payment of the fee. 15.06.040 Developer Construction of Public Facilities Pursuant to Capital Improvement Plan. A. A developer shall be entitled to a reduction in the amount of the component of public facilities development impact fee required by Sections 15.06.020 and 15.06.030, if the developer constructs public facilities relating to that component pursuant to the City's Capital Improvement Plan and the public facilities constructed are those for which the Capital Improvement Plan designates development impact fees as the funding source. The specific Ord8\97-14 2 component of the public facilities development impact fee which would have funded the improvement when installed shall be reduced by the amount of engineering and construction costs that would be reasonably incurred by the City in building those same public facilities. The amount of the reduction in the public facilities development impact fee component shall be subject to approval by the Director of Community Development prior to construction of the development. B. If a developer constructs public facilities pursuant to the City's Capital Improvement Plan, and if the City's engineering and construction costs to construct those same public facilities would have been more than the public facilities development impact fee assessed to that developer pursuant to Sections 15.06.020 and 15.06.030, then nothing in this Section shall prevent the City from entering into a reimbursement agreement with that developer, subject to the availability of funds. 15.06.050 Fee Reduction. A. Application for Fee Reduction 1. Any developer whose development is subject to the public facilities development impact fee required by this Chapter may apply to the Director of Community Development for a reduction in that fee based upon the demonstrable absence of a reasonable relationship between the impact of that development on the City's public facilities and either the amount of public facilities development impact fee charged, or the type of public facilities improvements to be constructed and/or purchased. The application shall be made in writing and filed with the Director of Community Development no later than ninety days after approval of the development. If no application for discretionary review is required for the development, then the application shall be made in writing and filed within ninety days after the City issues a building permit for the development. The application shall state in detail the factual basis for the request for reduction. Failure to file a timely application for reduction deprives the Director of jurisdiction to consider the application. The Director shall make a decision on the application for reduction within thirty calendar days after the application has been filed. Notice of the Director's decision shall be mailed to the applicant, postage paid. 2. Any developer whose development is subject to the public facilities development impact fee required by this Chapter, including a developer who, in connection with the development, has constructed or financed regional or regionally significant public facilities substantially similar to those facilities that are listed or otherwise identified in the City's Capital Improvement Plan, either through participation in a special district (e.g., a community facilities district or a special assessment distric0 or as a result of conditions of approval for the development, may apply to the Director of Community Development for a reduction in that fee. The application shall be made in writing and filed with the Director of Community Development no later no later than ninety days after the effective date of this Section (the effective date of this Section when originally enacted by Ordinance No. 97-09 was June 26, 1997), or ninety days after the City issues a building permit for the development, whichever is later. The application shall state in detail the factual basis for the request for reduction. The City shall consider entering into an agreement, or modifying an existing agreement, with any developer applying for a reduction pursuant to this paragraph. Ords\97-14 3 B. Appeal from Director's Decision 1. Any decision of the Director of Community Development under Section 15.060.050.A may be appealed to the Planning Commission by filing an application for appeal with the Director of Community Development. The application must be filed within fifteen calendar days after notice of the Director's decision has been mailed to the applicant; provided, however, that if the fifteen days expire on a day when Temecula City Hall is not open for business, then the appeal period shall be extended to the next business day. 2. Failure to file a timely appeal application deprives the Planning Commission of jurisdiction to hear the appeal. 3. The Planning Commission shall consider the appeal at a public hearing to be held within forty-five calendar days after the appeal application is filed. C. Appeal from Commission's Decision 1. The decision of the Planning Commission pursuant to Section 15.06.050.B may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen calendar days after the Commission has made a final decision on the appeal; provided, however, that if the fifteen days expire on a day when Temecula City Hall is not open for business, then the appeal period shall be extended to the next business day. 2. Failure to file a timely appeal application deprives the City Council of jurisdiction to hear the appeal. 3. The City Council shall consider the appeal at a public hearing to be held within forty-five calendar days after the appeal application is filed. The decision of the City Council shall be final. D. Allocation of Fee Reductions or Credits Any fee reduction or fee credit granted pursuant to this Chapter shall be applied only to that component of the public facilities development impact fee which would have funded the improvement upon which the reduction or credit is based or for which a fee reduction was granted pursuant to Section 15.06.050 A. 1. E. Processing of Protests The procedure set forth in this Section shall implement Government Code Section 66020, or its successor, and shall serve as the City's method for processing protests filed pursuant to that section. Prior to the effective date of the approval of the development, or, if no discretionary approval is required, prior to the issuance of a building permit, a developer that is subject to this Chapter shall sign a statement acknowledging the imposition of a public facilities development impact fee upon that developer's development. Such acknowledgment shall not be Ords\97-14 4 deemed a waiver of the developer's right to protest the imposition and to request a fee adjustment pursuant to this Section. 15.06.060 Use of Funds. All public facilities development impact fees paid and collected pursuant to this Chapter shall be placed in one or more funds and used solely for the purpose of constructing, expanding, or rehabilitating the public facilities specified in the resolution establishing the fee and described in the City's Capital Improvement Plan. 15.06.070 Calculation of Fees. A developer subject to the public facilities development impact fee required by Sections 15.06.020 and 15.06.030 shall pay the amount of the fee in effect at the time that the fee becomes due. Furthermore, any fee imposed on a development which is protected by vested rights acquired through a vesting tentative subdivision map shall pay the amount of the fee in effect at the time the rights became vested plus any adjustment for inflation made between that date and the date the fee becomes due." Section 9,. Developments for which a development entitlement application was deemed complete prior to the introduction of Ordinance No. 97-09 on May 8, 1997 shall be exempt from the requirements of this Ordinance; provided, however, that this exemption shall not override any condition of approval for a project which specifically requires payment of fees for the purposes of mitigating impacts on public facilities. Section 3. Ordinance 659 of the County of Riverside establishing a Development Mitigation Fee for residential development as adopted by reference by the City of Temecula shall not apply to any development subject to the public facilities development impact fee required by Chapter 15.06 of the Temecula Municipal Code. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 5. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause same to be published as required by law. Ord$\97-14 5 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 26th day of August, 1997. ATI~ST:. Patricia H. Birdsall, Mayor CMC/AAE [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97-14 was introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of August, 1997 and was duly adopted at a regular meeting of the City Council of the City of Temecula on the 26th day of August, 1997, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, CMC/AAE City Clerk 0rds\97-14 6