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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