For City Council Meeting [January 29, 2019]
TO: Honorable Mayor and City Council
APPROVAL: Sean Grayson, Interim City Administrator
FROM: Robb Steel, Assistant CA/Development Services Director
Title
Request City Council to Approve Resolution No. 7467 Accepting and Authorizing the Prepayment of Development Impact Fees by Ayres Hotel Rialto LLP for PPD 2018-0059 with the Condition that Ayres Hotel Rialto pulls Building Permits and Commences Construction not later than May 29, 2019.
(ACTION)
Body
BACKGROUND:
On September 10, 2013, the City Council adopted Ordinance No. 1532, which replaced Chapters 3.34, 3.36, 3.40, 3.44, 3.48, 3.52, 3.56, 3.60, 3.64, 3.68, and 3.72 of the Rialto Municipal Code (RMC) and added a new Chapter (3.33 related to the imposition of Development Impact Fees (DIF) on new development projects. Ordinance 1532 is attached hereto as Exhibit A.
Ordinance 1532 added Section 3.33.070 of the RMC -- Payment of Development Impact Fees -- modifying the RMC to (1) delay the obligation for residential projects to pay the DIF until "the date of the final inspection and/or prior to the issuance of a Certificate of Occupancy" in compliance with Government Code Section 66007; and, (2) require non-residential projects to pay the DIF on the "the date of issuance of the first building permit..., but before the building permit is issued unless otherwise modified by a Construction In-Lieu Agreement, Development Agreement or a Fee Deferral Agreement." Prior to the adoption of Ordinance 1532, the RMC required that the DIF on all projects be paid "prior to the issuance of a building permit".
Historically, the City accepted pre-payment of DIF from developers that were seeking to avoid significant fee increases in accordance with the authority granted under the former sections of the RMC. While the former sections of the RMC authorized prepayments, it did not establish guidelines for management of such a program.
ANALYSIS/DISCUSSION:
In early 2018, Ayre...
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