HomeMy WebLinkAbout829 - OrdinancesORDINANCE NO. 829
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA TEMPORARILY
REVISING REGULATIONS RELATING TO DEFERRAL OF
CERTAIN DEVELOPMENT IMPACT FEES
A. Recitals.
(i) The Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the
establishment of a system of development impact fees to provide for the
construction or financing of the construction of public facilities to accommodate the
needs, demands, and burdens of new development.
(ii) The City Council of the City of Rancho Cucamonga has heretofore adopted such a
system of development impact fees.
(ii) Pursuant to Government Code Section 66007(8), local agencies may defer the
collection of development impact fees for residential development projects up to
the close of escrow.
(iv) It is the intent of the City Council in adopting this Ordinance to temporarily alleviate
certain financial burdens to residential development by providing a limited duration
economic stimulus incentive to new residential development projects within the City
for eligible applicants, by permitting payment of certain development fees to be
deferred as permitted by Government Code Section 66007(8).
(v) On April 7, 2010, the City Council conducted a duly noticed hearing concerning the
administrative rates and fees established herein.
(vi) All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby finds and
ordains as follows:
Section 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and
correct.
Section 2. The City Council hereby adopts a development impact fee ("DIF") deferral
program for residential construction projects, providing for deferral of development fees for
Beautification (see City Resolution No. 79-1), Transportation (see RCMC Chapter 3.28 and
Resolution 07-160), Park Land (see RCMC Chapter 16.32) and Drainage (see RCMC Chapters
13.08 and 13.09; Resolutions 02-061, 90-111, and 01-067). Eligibility and program requirements
shall be as set forth in this section.
A. DIF deferral is available for new single-family and multi-residential projects that are
currently under construction, in plan check, or have received all governmental entitlements
necessary for construction. DIF deferral under this section is not available for projects entitled
pursuant to a development agreement.
B. Any eligible Developer wishing to participate in the DIF deferral program shall file a
written request and current preliminary title report showing the Developer's interest in the
subject property with the City's Engineering Department, and pays an administrative fee in the
amount of $1,060.00 per each DIF deferral agreement. The DIF deferral agreement shall apply
to any phase of the Developer's project for which the issued building permit(s) applies. The
deferred DIF applicable to such phase shall be paid as required by this Ordinance, whether or
not any other phase of the project remains incomplete. Any modification or request to extend a
DIF deferral shall be processed at City staff's actual time involved billed at the rate of $117.00
per hour. No request for approval to participate in the DIF deferral program shall be accepted
unless the request is submitted, and all initial required building permits are obtained by the date
of expiration of this Ordinance or any extension thereto.
C. From the date the initial permit(s) is obtained, and subject to the provisions of
California Government Code Section 66007(8), the maximum period of DIF deferral shall be one
year. Unless an extension is granted prior to deferral expiration, Developer shall immediately
pay to City all deferred fees at the rate currently in effect, upon the expiration of the one year
DIF deferral period; provided, however, that notwithstanding the fee deferral, Developer shall
pay all of the deferred fees at the rate currently in effect upon the sooner of: completion of final
inspection, issuance of a certificate of occupancy, or the close of any escrow arising out of the
sale or conveyance of the subject property, if any of the foregoing events occur during the one
year deferral period.
D Conditions applicable to DIF deferral approval:
1. Within thirty (30) days of the date of approval, and prior to and as a condition of
building permit issuance, Developer shall enter into a DIF deferral agreement
,with the City utilizing the City-provided form of agreement, guaranteeing
payment of the deferred fees at the rate in effect at the time actual payment
occurs. The City may cause this DIF deferral agreement to immediately be
recorded. Any expense of recordation shall be paid by the Developer. Each
such agreement shall incorporate the following provisions:
(a) The agreement shall provide that if, prior to expiration of the deferral, the
project fails for any reason, or the project otherwise fails to move forward in a
timely manner as solely determined by the City, then upon any sale or
conveyance of the subject property, the purchaser, or any successor in interest
or assign of the original Developer, shall pay the deferred fees through escrow
as a condition of such sale or conveyance.
(b) The obligation to pay the DIF shall inure to the benefit of, and be enforceable
by, the City. The agreement shall contain the legal description of the property
affected, shall be recorded with the County of San Bernardino and, from the
date of recordation, shall constitute a lien for the payment of the deferred DIF,
which shall be enforceable against successors in interest to the Developer at
the time of issuance of the building permit. The lien for payment of the fee
shall not be subordinated. A deed of trust and the agreement shall be recorded
in the grantor-grantee index in the name of the City of Rancho Cucamonga as
grantee and in the name of the Developer as grantor. The City shall record a
release of obligation, containing a legal description of the property, in the event
the obligation is paid in full.
Ordinance No. 829 -Page 2 of 5
(c) The agreement shall require the Developer to provide appropriate notification
of the opening of any escrow for the sale of the property for which the building
permit was issued, including effective notice to the City, and to provide in the
escrow instructions that the fee is be paid to the City from the sale proceeds in
escrow prior to disbursing proceeds to the seller.
2. Should any DIF that is deferred not be paid at the time due and payable: (i) all
unpaid fees shall be accelerated and become immediately due and payable;
and (ii) the City may pursue collection through all available legal and
administrative means including, but not limited to, judicial or non-judicial
foreclosure of the recorded lien against the affected property and/or civil
judgment against the Developer for breach of contract and/or the security or
deposit provided hereunder.
3. At least once every three (3) months, the Developer shall provide a written
report to the City's Engineering Department that shall include a detailed status
of the project including, but not limited to, estimated time of completion of plan
check, status of required inspections, and estimated time of project completion.
4. Any Developer may request and receive, at the discretion of the City Council in
a decision expressed by minute motion, an extension of the DIF deferral,
provided the project is determined to be moving forward in a timely manner and
is at a substantial stage of construction. Any request to extend a DIF deferral
shall be processed at City staff's actual time involved billed at the rate of
$117.00 per hour. If such an extension is granted by the City Council, it shall
not take effect unless and until the Developer pays a "good faith" deposit of not
less than twenty percent (20%) of the total amount of the DIF. No extension
shall be deemed to permit payment of any deferred DIF beyond the close of
any escrow arising out of the sale or conveyance of the subject property.
Section 3. The provisions of this Ordinance shall be deemed to preempt and supersede
any conflicting provisions contained in the Rancho Cucamonga Municipal Code, including codes
adopted by reference therein, and any City resolutions, until expiration or repeal hereof.
Section 4. The City Council finds that the fees and rates established herein do not
exceed the estimated reasonable cost of providing the service for each fee or rate is charged.
Section 5. The City Council has evaluated the potential environmental impacts that would
result from the adoption of this Ordinance, and determined that the adoption of this Ordinance is
exempt from review under the California Environmental Quality Act (CEQA) and the Guidelines
thereunder, pursuant to Title 14, Section 15268 (Ministerial Projects) of the California Code of
Regulations.
Section 6. This Ordinance shall be automatically repealed and of no further force or
effect at the end of one (1) year following its effective date, unless extended by Ordinance of the
City Council of the City of Rancho Cucamonga.
Section 7. The City Council declares that, should any provision, section, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full
force and effect.
Ordinance No. 829 -Page 3 of 5
Section 8. The City Clerk shall certify to the adoption of this Ordinance.
Please see the /o/lowing page
Ior lormal adoption, certi/ication and s/gnatures
Ordinance No. 829 -Page 4 of 5
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PASSED, APPROVED, AND ADOPTED this 5`" day'of May 2010.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, M.D.,
ATTEST:
.~, r .~ P ~
ice C. Reynolds, C' y Clerk
I, JANICE C. REYNOLDS, CITY CLERK 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 Rancho Cucamonga held on the 7`" day of April 2010, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
5`h day of May 2010.
Executed this 6`h day of May 2010, at Rancho Cucamonga, California.
J nice C. Reynolds, C' Clerk
Ordinance No. 829 -Page 5 of 5