RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, IMPLEMENTING A TEMPORARY REDUCTION TO DEVELOPMENT IMPACT FEES FOR RESIDENTIAL DEVELOPMENT PROJECTS AND TAKING OTHER ACTIONS RELATING THERETO.
WHEREAS, the City of Fontana (“City”), in response to current economic conditions negatively impacting residential construction within the City and in order to encourage orderly development of affordable residential units, wishes to implement a temporary reduction to the City’s Circulation, Active Transportation, Local Arterials, Traffic Signals, Landscape Median, Public Facilities, Police, Library, Fire Facilities, Park Development, and Municipal Services Fees (collectively, “DIF”); and WHEREAS, the Temporary Reduction to DIF program (“TRDIF”) will be limited in time and limited to residential development projects subject to the requirements set forth below; and WHEREAS, the City has set aside unrestricted revenues from the City’s general fund to make up for the lost revenue resulting from the TRDIF; and WHEREAS, the City Council has determined the TRDIF serves a public purpose as it will encourage the continuation of orderly residential development within the City; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, California as follows:
Section 1. The Recitals set forth above are true and correct.
Section 2. The term of the TRDIF shall be for six (6) months from the date of adoption of this Resolution, unless extended by the City Council thirty (30) days prior to expiration of this initial six (6) month term, provided the TRDIF shall end immediately should the City no longer allocate or appropriate unrestricted revenues to cover the lost revenues resulting from the TRDIF.
Section 3. The TRDIF applies to residential construction only. Under no circumstances shall nonresidential construction be eligible to participate in the TRDIF.
Section 4. While the TRDIF is in effect, all DIFs applicable to residential construction shall be reduced by fifty percent (50%).
Section 5. This program will apply to all residential permits issued between the dates of January 30, 2023 and July 31, 2023, unless extended by the City Council or unless funding for the TRDIF shall be unavailable as provided for in Section 2 above.
Section 6. To qualify for the TRDIF, all residential construction applicants must sign a separate agreement confirming construction must begin within ninety (90) days from the date of the agreement and be completed within 270 days of issuance of permit. A sample developer agreement is attached as Exhibit “A” and incorporated into this Resolution by this reference, and the form of such agreement is hereby approved with such changes as deemed necessary by the Deputy City Manager – Development Services.
Section 7. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 8. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this 24th day of January 2023.
READ AND APPROVED AS TO LEGAL FORM:
________________________________
Ruben Duran, City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 24th day of January, 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Germaine McClellan Key, City Clerk
________________________________
Acquanetta Warren, Mayor
ATTEST:
________________________________
Germaine McClellan Key, City Clerk
Resolution No. 2023-______
Exhibit A
Form of Agreement
2 16498.00503\40915990.3
16498.00503\40915990.3
16498.00503\40915990.3
16498.00503\40915990.3
Resolution No. 2023-___