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HomeMy WebLinkAbout445 - Ordinances ORDINANCE NO. 445 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO G3CAMDNGA, CALIFORNIA MODIFYING Gg~TER 3.28 OF THE RANCHO CUCAMONGA MUNICIPAL OODE, TO PROVIDE FOR CITY-WIDE FRFE FOR TRAN~ON FACILITIES BASED ON THE CITY NEXUSPROC~X/RE THE CITY COUNCIL OF THE CITY OF RANC~O G/CAMDNGA DOES HEREBY ORDAIN AS FOvLIEWS: SECTION 1: G%apter 3.28 of Title 3 of the Rancho Cucamonga Municipal Code is hereby repealed. A new Chapter 3.28 is hereby added to said Code to read, in words and figures, as follows: Chapter 3.28 Sections: 3.28.010 Purpose. 3.28.020 City-wide Transportation Development Fees. 3.28.030 Limited Use of Fees. 3.28,040 Developer Construction of Facilities. 3.28.050 Fee Adjustments. Section 3.28.010 - Purpose. In order to implement the goals and objectives of the Circulation Element of the City of Rancho Cucamonga's General Plan and to mitigate the traffic impacts caused by new develo~ and redevelo~ment in the City, certain thoroughfares and bridges must be improved or constructed. rne City Council has determined that a development impact fee is needed in order to f~ these public improvements and to pay for the develo~ment's fair share of the costs of these improvements. In establishing the fee described in the following Sections, the City Council has found the fee to be consistent with its General Plan and, pursuant to Gove~'~'~ent COde Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan. Section 3.28.020 - City-wide Transportation Devel_~n~t Fe~. The City-wide Transportation Development Fees are hereby established on the issuance of a building permit for development or redevelo~ment in the City to pay for construction and improvement of thoroughfares and bridges. The City Council shall, in a Council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the Nexus Improvement Program and its components specifying the publiq improvements to be financed, describe the estimated cost of these facilities, describe the reasormhle relationship between this fee and the various types of new developments and set forth time of payment. As described Ordinance No. 445 Page 2 in the fee resolution, this development fee shall be paid by each developer prior to issuance of building permits. On an annual basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. Section 3.28.030 - Limited Use of Fe~. The revenues raised by payment of the City-wide Transportation Development Fees for the Nexus Improveuent Program shall be placed in separate and special accounts according to each Nexus Improvement Program ccmponelt, realizing that the railroad crossings and traffic signal components are part of and are to be placed in the City Backbone component account, and such revenues, along with any interest earnings on that account, shall be used solely to: (a) pay for the City's future construction of facilities described in the resolution enacted pursuant to Section 3.28.020 above, or to reimb3rse the City for those described or listed facilities constructed by the City with funds advEunced by the City from other sources, or (b) reimburse developers who have been required or permitted by Section 3.28.040, to install listed facilities on the Nexus Improv~ (c) When each fee levied by this Section is determined, then each of the then-existing City general overhead and applicable departmental overhead rates shall be added to the fee and collected. Amounts collected as overhead rates shall be transferred from the Transportation Development Fee Fund to the City General Fund to defray the cost reasonably borne of the collection and administration of the fees imposed by this Chapter. Section 3.28.040 - Developer Construction of Faciliti~-. Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resoluti~l adopted pursuant to Section 3.28.020 which facility is determined by tb~ City to have supplemental size, lenc3th or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which w~uld otherwise be charged pursuant to this oIxlinance on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement ~ed to provide services or mitigate the need for the facility or the burdens created by the development. The total amount available for reimbursement in any year shall be at the discretion of the City Ord~ No. 445 Page 3 Section 3.28.050 - Fee Adjustments. A developer of any project subject to the fee described in Section 3.28.020 may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the traffic impacts of that develo~mBnt and either the amount or the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no develo[ment permit is required, at the time of the filing of the request for a bailding permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or a separate hearing held within 60 days after the filing of tha fee adjustment applica- tion, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment, on waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. SECTION 2: Tnis ordinance was adopted at a noticed public hearing, at which time the Council also considered the initial Development Impact Fee Resolution, which resolution and associated studies were available to the general public for a period of at least 10 days prior to the public hearing. Tnis fee shall apply to the issuance of any building permit, for any development issued 60 days following this ordinance,s passage. The ordinance shall be published once within 15 days of its adoption in a newspaper of general circulation within the City of Rancho Cucamonga. SBETION 3: The Mayor shall sign this Ordinance and tba City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVE3, and ADOPTS3 this 17th day of April, 1991. AYES: Alexander, Buquet, Stout, Williams NOES: None Dennis L. Stout, Mayor Ordinance No. 445 Page 4 I, DRRRA J. ADAMS, C/TY CLRRK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rand~o Cucamonga held on the 3rd day of April, 1991, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of April, 1991. Executed this 18th day of April, 1991 at Rancho Cucamonga, California.