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HomeMy WebLinkAbout98-05 CC OrdinanceORDINANCE NO. 98-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.0~.020 OF THE TI~MF./2ULA MUNICIPAL CODE REGARDING TIME OF PAYMENT OF DEVELOPMENT IMPACT FEES FOR MOBILE HOME PARKS AND ADDING SECTION 15.06.050 A.3. TO THE TEMECULA MUNICIPAL CODE PERTAINING TO DEVELOPMENT IMPACT FEE REDUCTIONS FOR PROJECTS PROVIDING DEMONSTRABLE FINANCIAL BENEFIT TO THE CITY THE CITY COUNCIL OF THE CITY OF EMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. and declares that: The City Council of the City of Temecula hereby finds, determines a. The City has enacted Chapter 15.06 of the Temecula Municipal Code providing for development impact fees to mitigate the impacts of that development on the City's public facilities. b. Chapter 15.06 recognizes that certain developments will meet its obligations to mitigate the impacts on public facilities by constructing certain regional facilities or by contributing to construction of the facilities through other public financing mechanisms and provides a procedure for reducing development impact fees under these circumstances. c. The addition of Section 15.06.050 A.3. to Chapter 15.06 further recognizes the fact that certain development will have a significant financial and economic benefit upon the City. Such benefits directly increase the City's available tax revenues and enable the City to pay for the public facilities required to meet the demands of development within the City and to provide other City services. Therefore, in recognition of such financial and economic benefits to the City, the development impact fees on certain developments can be reduced without an adverse impact on the City's ability to generate revenues sufficient to address the need for public facilities generated by new development within the City. d. Section 15.06.020 is being modified only to clarify the time at which development impact fees for mobile home parks will be paid. No other changes are being made to Section 15.06.020. Ords:\98-05 I Section 2. Section 15.06.020 of the Temecula Municipal Code is hereby amended to read as follows: "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, or in the case of mobile home parks, the fee for all potential units within the entire park shall be paid prior to the first mobile home being placed within the park; 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, or in the case of a mobile home park when the unit is placed within the park; 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." Section 3. Section 15.06.050 A.3. is hereby added to the Temecula Municipal Code to read as follows: "3. Any developer of non residential property whose development is subject to the public facilities development impact fee required by this Chapter may apply to the Director for a full or partial reduction of that fee based upon significant financial and economic benefit to the City of the proposed development. In determining the significant financial and economic benefit to the City of the proposed development, the Ords:\98-05 2 Council shall consider the following factors: Jobs created by the development; average annual salary of jobs created; multiplier effect of jobs created; tax revenue to the City or the City's redevelopment agency generated by the development; effect of the development upon the economic development of the City; and infrastructure needs generated by the development. The Council shall in its sole discretion determine, by resolution of the Council, whether to grant a reduction in development impact fees based upon the significant financial and economic benefit to the City of the development and the Council's decision shall be final and conclusive. The application for such a reduction in fees shall be filed with the Director of Community Development no later than July 1, 1998 or ninety (90) days following issuance of a building permit for the development, whichever is later. The application shall be on a form approved by the Director of Community Development and shall contain such information as required by the Director. The Director shall schedule the application to be heard by the City Council at a public heating within forty five (45) calendar days of f'fling. Sections 15.06.050 B. and C. shall not apply to applications for fee reductions under this subsection. If the development impact fees have been paid prior to Council action reducing the fees, the Council may order a refund in accordance with its action." Section 4. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 28th day of April, 1998. Ron Roberts, Mayor ATYEST: Jones, C~vlC Acfitr~ City Clerk [SEAL] 0rds:\98-05 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 98-05 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of April 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 28th day of April 1998, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None ~'-~Su~Jones, C~'a'~C ~.~g City Clerk OrdsA98-05 4