HomeMy WebLinkAboutOrd. 1537-2017 4TKSAn',� City of South San Francisco
4 off="n P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
L/FOR Ordinance: ORD 1537-2017
File Number: 17-659 Enactment Number: ORD 1537-2017
ORDINANCE AMENDING CHAPTER 8.67 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE REVISING THE METHOD OF
CALCULATION FOR THE PARKLAND ACQUISITION FEE AND A
PARKS CONSTRUCTION FEE AND EXPANDING APPLICATION
OF THE FEES TO NONRESIDENTIAL DEVELOPMENTS TO
MITIGATE THE IMPACTS OF NEW DEVELOPMENTS ON PARK
AND RECREATIONAL FACILITIES IN THE CITY.
WHEREAS,parks and recreational facilities are vital to the health and welfare of a community; and
WHEREAS,the City of South San Francisco ("City")aims to provide sufficient levels of parks and
recreational facilities for its residents; and
WHEREAS,the City's General Plan and Parks and Recreation Master Plan aim to provide three acres of
parks and recreational facilities per 1,000 residents; and
WHEREAS,the City General Plan and Parks and Recreation Master Plan also aim to provide one-half
acres of parks and recreational facilities per 1,000 employees; and
WHEREAS, Guiding Policy 5.1-G-1 of the City's General Plan provides that the City should "[d]evelop
additional parkland in the city,particularly in areas lacking these facilities, to meet the standards of
required park acreage for new residents and employees;" and,
WHEREAS, Implementing Policy 5.1-1-2 of the City's General Plan provides that the City should
"[m]aintain parkland standards of 3.0 acres of community and neighborhood parks per 1,000 new
residents, and 0.5 acres of parkland per 1,000 new employees;" and
WHEREAS, Goal #1 of the Parks and Recreation Master Plan provides that the City"should provide a
minimum of 3 acres of developed park land per 1,000 residents and 0.5 acres of parkland per 1,000 new
employees"; and
WHEREAS, in 2016 the City contracted with the Municipal Resources Group(MRG)to analyze the
relationship between new development in the City and the cost of public facilities to serve that growth and
determined that there is a reasonable nexus between the proposed Parkland Acquisition Fee and Park
Construction Fee and the types of new development that will be responsible for paying the fee(Park Land
Acquisition and Park Construction Fees Report 2016, hereafter"Study," attached to the associated staff
report,but incorporated by this reference as though set out fully herein); and
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File Number: 17-659 Enactment Number: ORD 1537-2017
WHEREAS, new residential development projects attract new residents to the city, which generates
increased demand for parks and recreational facilities and impacts existing park service levels; and
WHEREAS,new non-residential development projects attract new employees to the city,which generates
increased demand for parks and recreational facilities and impacts existing park service levels; and
WHEREAS,the City may adopt and impose a parkland acquisition fee and a park construction fee to pay
for the cost of acquiring and constructing park facilities needed to support new development under the
authority of Sections 66000 et seq. of the California Government Code ("Mitigation Fee Act"); and
WHEREAS, in accordance with Section 66019 of the Mitigation Fee Act,at least fourteen(14)days prior
to the public hearing at which this Ordinance was introduced, notice of the time and place of the hearing
was mailed to interested parties who filed written requests with the City for mailed notice of meetings on
new or increased fees or service charges; and
WHEREAS, in accordance with Government Code Section 66019,the Fee Study was available for public
inspection, review, and comment for ten(10)days prior to the public hearing at which the Council
considered the adoption of the Bicycle and Pedestrian Impact Fee; and
WHEREAS, ten(10)days advance notice of the public hearing at which this Ordinance was introduced
was given by publication in accordance with Government Code Section 6062a; and
WHEREAS,pursuant to the Mitigation Fee Act, the City seeks to adopt this Ordinance to mitigate the
impacts caused by new development by providing for the payment of development impact fees necessary
for the City to acquire property and construct parks and recreational facilities and to maintain desirable
levels of parks and recreational facilities for new and existing residents and employees; and,
WHEREAS,the action taken by this Ordinance has no potential for physical effects on the environment
because it involves an adoption of certain fees and/or charges imposed by the City, does not commit the
City to any specific project, and said fees and/or charges are applicable to future development projects
and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance
with the California Environmental Quality Act("CEQA")when sufficient physical details regarding said
projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines,
Section 15004(b)(1)). Therefore, approval of the fees and/or charges is not a"project" for purposes of
CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4); and, even if considered a"project" under
CEQA,is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3)because it can be
seen with certainty that there is no possibility that approval of the updated fees and/or charges may have a
significant effect on the environment.
NOW,THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as
follows:
SECTION 1. Amendments
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File Number: 17-659 Enactment Number: ORD 1537-2017
The City Council hereby amends Chapter 8.67 to the South San Francisco Municipal Code to read as
follows and finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by
this reference. Sections and subsections that are not amended by this Ordinance are not included below,
and shall remain in full force and effect.
8.67.010 Purpose.
The City Council finds and determines that in order to provide sufficient funding to achieve the City's
goal of maintaining park service levels and providing adequate parks and recreational services and
facilities to residents of the city, in accordance with the standards established in the General Plan,Parks
and Recreation Master Plan,and other applicable plans and regulations,development projects identified in
Section 8.67.050 below shall pay a Parkland Acquisition Fee and a Park Construction Fee as outlined in
this Chapter, and in order to mitigate the impacts of these development projects on parks and recreational
services and facilities in the city.
(a)The specific purpose of the Parkland Acquisition Fee is to mitigate the impact of development
projects by collecting sufficient funds to acquire property in the city and provide three acres of parkland
per 1,000 residents and one-half acres of parkland per 1,000 new employees.
(b)The specific purpose of the Park Construction Fee is to mitigate the impact of development projects
on park facilities by collecting sufficient funds to construct adequate park facilities and improvements in
the city and provide three acres of improved parkland per 1,000 residents and one-half acres of improved
parkland per 1,000 new employees.
8.67.020 Parkland acquisition fee and park construction fee findings.
(a)Parkland Acquisition Fee. The City Council finds and determines that:
There is a reasonable relationship between the Parkland Acquisition Fee and the type of development
projects to which the fee is imposed because the development projects that are subject to the fee outlined in
this chapter will place additional demands on park and recreational facilities in the city.The parkland
acquired with the proceeds of this fee will address and mitigate the additional impacts created by these
development projects.
There is a reasonable relationship between the need for the additional parkland and the type of
development projects subject to the fees outlined in this chapter because these development projects will
attract additional residents and employees to the city that will place a greater demand on park and
recreational land. The parkland acquired with the proceeds of this fee will serve those new residents and
employees.
There is a reasonable relationship between the amount of the fee and the cost of providing the parkland
attributable to the types of development upon which the fee is imposed because, pursuant to Section
8.67.070 below,the fee is calculated by apportioning the cost of acquiring the required additional parkland
to the number of residents projected to reside in each type of new residential unit or by apportioning the
cost of acquiring the additional parkland to the number of employees projected to be
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File Number: 17-659 Enactment Number: ORD 1537-2017
,rated by non-residential development projects.
(b)Parks Construction Fee. The City Council finds and determines that:
There is a reasonable relationship between the Park Construction Fee and the type of development projects
to which the fee is imposed because the development projects that are subject to the fee outlined in this
chapter will place additional demands on park and recreational facilities in the city and the park facilities
constructed with the proceeds of the fee will address and mitigate the additional impacts created by these
development projects.
There is a reasonable relationship between the need for the additional park facilities and the type of
development projects subject to the fee outlined in this Chapter because these development projects will
attract additional residents and employees to the city that will place a greater demand on parks and
recreational facilities and the park facilities constructed with the proceeds of this fee will serve those new
residents and employees.
There is a reasonable relationship between the amount of the fee and the cost of providing the parks and
recreational facilities attributable to the type of developments upon which the fee is imposed because,
pursuant to Section 8.67.070 below,the fee is calculated by apportioning the cost of constructing the
additional park facilities to the number of residents projected to reside in each type of new residential unit
or by apportioning the cost of constructing the additional park facilities to the number of employees
projected to be generated by non-residential development projects.
Relation of parkland and improvements to population and employment density.
The City Council finds and determines that the public interest,convenience,health,welfare,and safety
require that three acres of property and improvements, for each 1,000 persons residing within the city, and
one-half acres of property and improvements,for each 1,000 persons employed within the city,be devoted
to parks and recreational purposes.
8.67.050 Application of parkland acquisition fee and parks and recreation
construction fee.
(a) Parkland Acquisition Fee. The following types of developments shall be required to pay the
Parkland Acquisition Fee established pursuant to this Chapter:
(1)Subdivisions with fewer than five(5)parcels that are not otherwise required to dedicate land or pay
in-lieu fees pursuant to Sections 19.24.030 through 19.24.110;
(2) Multi-family residential rental development projects;
(3)Existing residential lots that have not previously dedicated land or paid fees pursuant to Chapter
19.24.
(4)Any other residential development project that is not otherwise required to dedicate land or
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File Number: 17-659 Enactment Number: ORD 1537-2017
pay an in-lieu fee pursuant to Section 19.24.030 through 19.24.110;
(5) Non-residential development projects.
(b)Park Construction Fee. All residential and non-residential development projects shall be required
to pay the Park Construction Fee pursuant to this Chapter.
(c)A development project that has submitted a complete application prior to the effective date of this
ordinance shall pay the applicable Parkland Acquisition Fee and Park Construction Fee in effect at the
time the application was filed with the City, at the time specified by Section 8.67.040 of this Chapter.
8.67.060 Calculation of the parkland acquisition fee and park construction fee.
(a) In calculating the Parkland Acquisition Fee for residential development pursuant to subsection(b)
and Parks Construction Fee for residential development pursuant to subsection(c)of this section,the City
will use the data contained in Formula Table 8.67.060(a)below. In calculating the Parkland Acquisition
Fee for non-residential development pursuant to subsection(d) and Parks Construction Fee for
non-residential development pursuant to subsection(e)of this section,the City will use the data contained
in Formula Table 8.67.060(b)below.
Parkland Acquisition and Parks and Recreation Improvements Formula for Residential
Development Table 8.67.060(a)
hits in Structure Acres per Resident Average Residents per Unit Parkland Acres Required
per Unit/Parks and Recreation Improvements Required per Unit
(single-family residential unit).003 3.45 .01035
to 4 (duplex to four-plex) .003 2.98 .00894
to 19 .003 2.53 .00759
0 to 49 .003 2.04 .00612
0 or more .003 1.78 .00534
Mobile Home .003 2.65 .00795
Parkland Acquisition and Parks and Recreation Improvements Formula for Non-Residential
Development Table 8.67.060(b)
,and Use Type Employees per 1,000 Square Feet Park Land Acres Required per Employee
Parkland Acres Required per 1,000 Square Feet/Parks and Recreation Improvements Required
per 1,000 Square Feet
'ommercial/Retail 2.50 .0005 .00125
lotel/Visitor 2.38 .0005 .00119
)ffice/R&D 2.22 .0005 .00111
ndustrial 1.05 .0005 .00052
(b)Parkland Acquisition Fee for Residential Development. The Parkland Acquisition Fee for
residential development shall be calculated by multiplying the number of units in a development by the
average number of residents per unit as shown in Formula Table 8.67.060(a)above,then by.003 (equal to
three acres per 1,000 residents), then by the average fair market value(FMV)per acre of
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File Number: 17-659 Enactment Number: ORD 1537-2017
land in the city, reduced by a factor of.30. The average FMV per acre of land in the city shall be
determined pursuant to subsection(f)below.
Formula 8.67.060 (b)
-Units in Development X Average Residents per Unit X .003 (3 acres/ 1,000 people) X
Average FMV per acre X .70 = Parkland Acquisition Fee
(c)Park Construction Fee for Residential Development. The Park Construction Fee for residential
development shall be calculated by multiplying the number of units in the development by the average
number of residents per unit as shown in Formula Table 8.67.060(a) above,then by.003 (equal to three
acres per 1,000 residents), then by the average construction cost per acre, reduced by a factor of.30. The
average cost of construction per acre in the city shall be determined pursuant to subsection(f)below.
Formula 8.67.060 (c)
-Units in Development X Average Residents per Unit X .003 (3 acres/ 1,000 people) X
Average Construction Cost per acre X .70 = Park-Construction Fee for Residential
Development
(d)Parkland Acquisition Fee for Non-Residential Development. The Parkland Acquisition Fee for
non-residential development shall be calculated by multiplying the total square feet of the development
divided by 1,000,by the average number of employees per 1,000 square feet shown in Formula Table
8.67.060(b)above,then by.0005(equal to 0.5 acres per 1,000 employees),then by the average fair market
value(FMV)per acre of land in the city,reduced by a factor of.30. The average FMV per acre of land in
the city shall be determined pursuant to subsection(f)below
Formula 8.67.060 (d)
-Total square feet / 1,000 square feet X Average number of employees per 1,000 square feet X
.0005 (0.5 acres per 1,000 employees) X Average FMV per acre of land X .70 = Parkland
Acquisition Fee for Non-Residential Development
(e) Park Construction Fee for Non-Residential Development.The Park Construction Fee for
non-residential development shall be calculated by multiplying the total square feet of the development
divided by 1,000,by the average number of employees per 1,000 square feet shown in Formula Table
8.67.060(b) above, then by .0005 (equal to 0.5 acres per 1,000 employees),then by the average
construction cost per acre of land in the city,reduced by a factor of.30.The average construction cost per
acre of land in the city shall be determined pursuant to subsection(g)below.
Formula 8.67.060 (e)
-Total square feet / 1,000 square feet X Average number of employees per 1,000 square feet X
.0005 (0.5 acres per 1,000 employees) X Average Construction Cost per acre of land X .70 =
Park-Construction Fee for Non-Residential Development
(f)Determining Average Fair Market Value per Acre. In order to determine the fair market of land per
acre for purposes of this Chapter,the City will obtain a written appraisal from a qualified appraiser
assessing the average fair market value of land per acre in the City of South San Francisco. Such appraisal
setting the fair market value of land in the city shall be approved by resolution of the
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File Number: 17-659 Enactment Number: ORD 1537-2017
City Council.A new appraisal may be periodically conducted to reflect changes in the real estate market;
provided, however, that such appraisal may not be conducted more than once per year.
(g) Determining Average Construction Cost per Acre. In order to determine the average hard and soft
construction costs per acre,the City will obtain an estimate of these costs from a qualified architecture or
construction firm. Such estimate setting the average construction cost per acre shall be approved by
resolution of the City Council.A new estimate may be periodically conducted to reflect changes in the cost
of construction; provided,however, that such estimate may not be conducted more than once per year.
(h)Administrative Fee. The City may collect a reasonable administrative fee to cover the cost of
administering the program described in this Chapter,as determined by the Finance Director and approved
by resolution of the City Council.
(i)Annual Construction Cost Adjustment. Fees paid pursuant to this section will be adjusted annually
by the same percentage as the latest increase or decrease in the Engineering News Record Construction
Cost Index (CCI) for the San Francisco area. The adjustment shall be based on a comparison of the most
recent CCI to the CCI in the month of adoption of the Fee,or the Index used for the prior adjustment of the
Fee. The Finance Director shall compute the increase or decrease in such Fee. The first adjustment will
take effect on the second July 1st following the adoption of this resolution and each subsequent July 1st.
8.67.070 Use of parkland acquisition fee and park construction fee.
The Parkland Acquisition Fee and the Park Construction Fee funds shall only be used for the purposes
outlined in this Chapter and to further the requirements outlined below:
(a)Parkland Acquisition Fee. The Parkland Acquisition Fee shall be used for purpose of acquiring
sufficient acreage to provide three acres of narkland ner 1 000 residents and one-half acre of parkland per
1,000 new employees of the ci Gabriel Rodriguez
(b)Parks Construction Fee. The Park Construction Fee shall be used for the purpose of constructing
parks and recreation facilities and to provide adequate such facilities on three acres of parkland per 1,000
residents and one-half acres of parkland per 1,000 new employees of the city.
SECTION 2. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held
invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or
provision to other persons or circumstances, shall not be affected thereby and shall continue in full force
and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South
San Francisco hereby declares that it would have passed each section, subsection, subdivision,paragraph,
sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or
unenforceable.
SECTION 3. Publication and Effective Date
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File Number: 17-659 Enactment Number: ORD 1537-2017
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall
be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this
Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the
City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this
Ordinance,the City Clerk shall(1)publish the summary, and(2)post in the City Clerk's Office a certified
copy of the full text of this Ordinance along with the names of those City Council members voting for and
against this Ordinance or otherwise voting. This Ordinance shall become effective sixty (60) days from
and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,held the 14th day of
June, 2017.
At a meeting of the City Council on 6/28/2017, a motion was made by Richard Garbarino, seconded by
Liza Normandy, that this Ordinance be adopted. The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Mayor Gupta, and CouncilmemberAddiego
Attest by
Gabriel Rodriguez
Mayor Pradeep Gupta
City of South San Francisco Page 8