Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of June 10, 2024
SUBJECT: Second Reading of Ordinance No. 447
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 447, an Ordinance of the City Council of the City of Yucaipa, California, amending Chapter 15 of Title 15 of the Municipal Code to Modify Regulations Pertaining to Development Impact Fees.
Attachment:
1. Ordinance No. 447
Approved By:
ATTACHMENT 1
ORDINANCE NO. 447
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, AMENDING CHAPTER 15 OF TITLE 15 OF
THE MUNICIPAL CODE TO MODIFY REGULATIONS PERTAINING
TO DEVELOPMENT IMPACT FEES
WHEREAS, the City Council of the City of Yucaipa (the "City Council") has adopted Ordinance No. 50, which establishes a requirement for the payment of development impact fees by new development within the City of Yucaipa (the "City") to ensure that certain public facilities or capital improvements are constructed and made available concurrent with the need caused by new development; and
WHEREAS, Ordinance No. 50 provides that the City Council shall, by resolution, adopt a schedule setting forth the specific amount of development impact fees which will be levied upon new development in the City; describe the benefit and impact area on which the development impact fees are imposed; list the public improvements to be financed; describe the estimated cost of facilities which form the basis for the development impact fee; describe the reasonable relationship between the development impact fee and the various types of new development; and set forth the time for payment of the development impact fee; and WHEREAS, the Supreme Court of the United States provided a decision regarding the case Sheetz v. County of El Dorado on April 12, 2024, regarding the payment of development impact fees and that there is not an "legislative exception" to the Takings Clause that might apply to the imposition of such fees; and
WHEREAS, the City Council has made the necessary findings to adopt amendments to the Development Code as required by California law and has taken all other actions as required by California law to amend the Development Code; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 15.08.100 (Fee adjustments) of Chapter 15.08 (Development Impact Fees) of Title 15 (Buildings and Construction) of the Municipal Code is amended entirely to read as follows:
"Section 15.08.100 ADJUSTMENT AND PROTEST OF FEES.
(A) A developer of any project subject to a fee established pursuant to this subchapter may apply to the Director of Public Works for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, based upon the absence of an "essential nexus" between the fees and the City's land -use interests or the absence of "rough proportionality" between the impacts of the project and the amount of the fee charged or the type of public infrastructure to be financed, or both. The application shall state in detail the factual basis for the claim of reduction, adjustment, or waiver, and shall include any and all written materials which the developer deems appropriate in support of the application.
1 (B) The application shall be made in writing and filed with the Director at or before the time required for the filing of protests under Government Code Sections 66020 and 66021. For purposes of determining the applicable limitations period set forth in Government Code Section 66020, the date of the imposition of fees under this subchapter shall be the date of the earliest discretionary approval by the city of the subject development project. In the case of a development project where no discretionary approval is granted by the city, the date of the imposition of the fees under this subchapter shall be the date of the earliest ministerial approval by the city of the subject development project. The application shall be accompanied by the payment of a filing fee in an amount established by the City Council. The applicant shall be liable for the actual cost of the city in processing and ruling upon the application to the extent such cost exceeds the filing fee. Such excess amount may be deducted from any refund found due and owing to the applicant or may be added to the amount of development impact fees to be due or owing from the applicant, as the case may be.
(C) Notwithstanding the filing of an application and the pendency of any hearing or procedure under this section, the developer shall pay the development impact fees originally determined by the city in a timely manner. Such payment shall be deemed to be a payment under protest pursuant to Government Code Sections 66020 and 66021.
(D) An application for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, shall be reviewed by the Director of Public Works. The Director of Public Works shall approve a fee adjustment application only if he or she determines that there is the absence of an "essential nexus" between the fees and the City's land -use interests or the absence of "rough proportionality" between the impacts of the project and the amount of the fee charged or the type of public infrastructure to be financed, or both. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a fee adjustment application. The decision of the Director of Public Works shall be final unless appealed in the manner and within the time limits established by subsection (F). (E) The protest procedures set forth in this section are administrative procedures which must be exhausted prior to the institution of any judicial proceeding concerning the fees protested. Any petition seeking judicial review of a decision by the City Council shall be made under Code of Civil Procedure Section 1094.5 and shall be filed by or before (1) 90 days following the date of which such decision is mailed to the applicant or (2) the expiration of the limitation period set forth in subsection (d) of Government Code Section 66020, whichever occurs later. (F) Any person aggrieved by determination of the Director of Public Works under this subchapter may appeal to the City Council as provided in Section 1.04.130 of this Code. (G) When a project application is filed, a developer of any project subject to a fee established pursuant to this chapter may apply to the Director of Public Works for a project -specific determination of such fees. As part of the application, the developer shall: (1) agree to be bound by the results of the project -specific determination, notwithstanding that such determination may result in an increase in some or all of the fees due under this chapter and (2) agree to pay the actual costs of such project -specific determination."
2 Section 2. CEQA.
This Ordinance and the Code Amendments were analyzed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The adoption of the Ordinance is exempt from CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the Title 14 of the California Code of Regulations because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project.
Section 3. Severability.
If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance, or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
Section 4. Savings Clause.
Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
Section 5. Effective Date.
This Ordinance shall take effect thirty (30) days after the date of its adoption by the City Council.
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3 Section 6. Publication and Posting.
The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance No. 447." PASSED, APPROVED and ADOPTED on this l Oth day of June, 2024.
Justin Beaver, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham, City Attorney
Director of General Services/City Clerk
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