HomeMy Public PortalAboutOrd. 1574ORDINANCE NO. 1574
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD ADDING A NEW SECTION 11 -19 TO
CHAPTER 11 OF THE LYNWOOD MUNICIPAL CODE
FOR THE PURPOSE OF ESTABLISHING A
DEVELOPMENT IMPACT FEE PROGRAM
WHEREAS, the City of Lynwood ( "City ") is a general law city located in the
County of Los Angeles and operating under the laws of the State of California and the
California Constitution; and
WHEREAS, the City's General Plan and Capital Improvement Plan were
designed to ensure that the City's public facilities meet future needs without an adverse
impact on the current level of services as a result of increases in population and impact
resulting from said increases; and
WHEREAS, the changing fiscal landscape in California during the last few
decades has steadily undercut the ability of cities to fund public facility infrastructure;
and
WHEREAS, the continuing growth of the City, combined with the continued
expectation of high quality services by persons who live and work in the City, requires
that new development contribute its fair share to public facilities though the imposition of
impact fees which will be used to finance, defray or reimburse the City for the
appropriate portion of the cost of public facilities which serve such development; and
WHEREAS, Article XI, Section 7 of the California Constitution and California
Government Code § 66000 et seq. empower general law cities to impose impact fees
and other exactions to provide the necessary public facilities required to mitigate the
effects of new development in the City; and
WHEREAS, the City Council of the City of Lynwood (the "Council ") has
determined that a reasonable means of financing the needed public facilities is to
charge a fee on all new commercial, office, industrial and residential developments in
the City of Lynwood. Imposition of development impact fees on all new development for
which building permits have not yet been issued is necessary to ensure the health,
safety and welfare of the residents of Lynwood and to ensure effective implementation
of goals set forth in the City's General and Capital Improvement Plans; and
WHEREAS, the City assumes the responsibility for and is committed to funding
and providing public facilities at levels necessary to cure any existing deficiencies in
already developed areas and impact fees collected pursuant to this ordinance shall not
be used to cure existing deficiencies in public facilities; and
WHEREAS, the Council, after careful consideration of the Comprehensive
Impact Fee Study completed by Pacific Municipal Consultants in March of 2006, and the
experience of other similarly situated cities finds that the establishment of an impact fee
program to finance specified public facilities in the City, a portion of the demar;d for
which is created by new development, is equitable and does not impose an unfair
burden on new development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
HEREBY DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby adopts the findings set
forth in the above recitals.
Section 2. That a new Section 11 -19 of Chapter 11 of the Code of the City of
Lynwood is hereby added to Code of the City of Lynwood, which Section reads as
follows..
Section 11 -19
Development Impact Fee Program
11 -19.1 Definitions
"New Development or Development Project" shall mean any development requiring
a development permit.
"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 re-
zoning 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.
"Public Facilities" includes public improvements, public services and community
amenities.
"Section" or "This Section" shall mean Section 11 -19 of the Lynwood Municipal
Code.
"Initial Effective Date" shall mean the effective date of the Ordinance creating this
Section.
11 -19.2 Purpose and Applicability of Section
a. The City Council declares the purpose of this Section is to provide for the orderly,
fair and fiscally sound development of property located with in 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 §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 Code, 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 of this ordinance, 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 non - residential 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 §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 "DDA's" 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 maps(s) or
recorded lots that are vested pursuant to Government Code §§ 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.
11 -19.3 Development Impact Fees Established.
a. Except as provided in subsection 11 -19.2, 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, 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 and 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 § 66000 et seq., or
any applicable successor statutes, shall be observed prior to the adoption of such
resolution.
11 -19.4 Land Use Utilized to Compute Fee.
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.
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.
11 -19.5 Impact Fees in Addition to 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.
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- 19.3.a and 11- 19.3.b 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 1St 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 may 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.
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 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 § 66001 or any applicable successor statute.
11 -19.6 Imposition and Payment of Impact Fees.
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 non - residential 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 §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. "
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- 19.3.a 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- 19.3.b 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 Facilities adopted by resolution of the
City Council pursuant to subsections 11- 19.3.a and 11- 19.3.b. 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.
11 -19.10 Reporting Requirements for Funds.
The Director of Finance or his /her designee shall comply with the public reporting
requirements for the Funds and accounts therein within 180 days of the end of each
fiscal year as specified in Government Code §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 §66006(b), or any applicable successor statute.
11 -19.11 Findings Requirements for Funds; Refunds.
For the fifth fiscal year following the first deposit into PFDIF or TDIF Fund, and every
five (5) years thereafter, the City shall make the findings required by Gov. Code
§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 §§ 66001(e) and (f), or any
applicable successor statutes.
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 Act (Government
Code § 66000, et'seq.) in effect at the time of the protest.
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.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this ordinance or any part thereof is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase of this
ordinance irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
Section 4. Pursuant to Government Code §66017, this Ordinance shall take effect
sixty (60) days after its final passage by the City Council.
Section 5. The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of this Ordinance and to cause it to be published or posted as
required by law.
First read at a regular meeting of the City Council held on the 18th day of
Apri 1 2006 and adopted and ordered published at a regular meeting of
said Council held on the 2nd day of May 2006.
eticia Vasquez, Ma
City of Lynwood
ATTEST:
a- 7 � " -/" /' Z� �
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
J. rnoldo Beltran
Ci Attorney
APPROVED AS TO CONTENT:
Vz
N. EnrigLeM rtinez
City Manager
'Marianna M-9-rysheva
Assistant City Manager - Finance
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a
regular meeting held on the 2nd day of May , 2006.
AYES: COUNCILMEN BYRD, JOHNSON, PEDROZA, SANTILLAN AND VASQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: , NONE
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of
said City, do hereby certify that the above and foregoing is a full, true and correct copy of
Ordinance No. _ 1574 on file in my office and that said Ordinance was adopted on the
date and by the vote therein stated.
Dated this 2nd day of May , 2006.
City Clerk, City of Lynwood