18.56.740 Credits and reimbursements.

   A.   The city council, by resolution or agreement, may establish policies and procedures for issuance of development credits against the Jacinto Creek impact fee for Jacinto Creek infrastructure constructed by a landowner, or for reimbursement of the portion of a landowner's costs to construct Jacinto Creek infrastructure that exceeds the landowner's Jacinto Creek impact fee obligation, if the city has Jacinto Creek infrastructure funds available to pay the reimbursement. The policies and procedures shall be consistent with the following:

      1.   A landowner may only construct infrastructure and facilities for development credits or reimbursement with advance approval by a written fee credit or reimbursement agreement.

      2.   Development credits do not run with the land.

      3.   Development credits are transferrable through a transfer agreement signed by both parties and approved by the city.

   B.   After the landowner constructs the Jacinto Creek infrastructure, the city shall determine the development credit or reimbursement amounts, if any, based on the terms of the fee credit or reimbursement agreement. The landowner may appeal the decision as set forth in section 18.56.155. (Ord. 2017-0016 § 2)

18.56.750 Conflict with other provisions.

   If there is any conflict between a provision of this article and any other provision of this chapter, the provision of this article governs. (Ord. 2017-0016 § 2)

Article VIII. Central City Impact Fee

18.56.810 Definitions.

   The following definitions apply in this article:

   "Central City" means the area identified as the central city in the Central City finance plan.

   "Central City facilities" means the infrastructure and facilities identified in the Central City finance plan.

   "Central City finance plan" means the city council-approved finance plan that calculates the Central City impact fee amounts.

   "Central City impact fee" means the fee established by section 18.56.820 to finance the design, construction, installation, improvement, and acquisition of the Central City facilities.

   "Central City infrastructure fund" means the infrastructure fund created by section 18.56.840.

   "Dwelling unit, accessory" has the same meaning as in section 17.108.050.

   "Dwelling unit, junior accessory" has the same meaning as in section 17.108.050. (Ord. 2024-0017 § 76; Ord. 2021-0023 § 44; Ord. 2018-0015 § 1)

18.56.820 Central City impact fee and imposition.

   The Central City impact fee is established and imposed on all parcels located within the Central City for the following types of development:

   A.   New dwelling units, buildings, or structures.

   B.   Additions to the commercial building area or residential building area of a building or structure.

   C.   Changes in use of a building or structure. (Ord. 2018-0015 § 1)

18.56.830 Exemption for accessory dwelling units.

   In addition to the exemptions set forth in section 18.56.125.C, accessory dwelling unit and junior accessory dwelling unit projects are exempt from the provisions of this article. (Ord. 2024-0017 § 77; Ord. 2021-0023 § 45; Ord. 2018-0015 § l)

18.56.840 Establishment of Central City infrastructure fund; use of fee revenues.

   A.   The Central City infrastructure fund is established. The city shall deposit all revenues generated by the Central City impact fee, and any interest earned on the fund balance, into the fund.

   B.   The city shall use the Central City infrastructure fund to:

      1.   Finance the design, construction, installation, improvement, and acquisition of Central City facilities.

      2.   Reimburse the city for administrative costs identified in the Central City finance plan.

      3.   Reimburse landowners and holders of development credits consistent with section 18.56.850 and the Central City finance plan. (Ord. 2018-0015 § 1)