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HomeMy WebLinkAboutOrd. 1539-2017 x SANS City of South San Francisco ono :030 P.O. Box 711 (City Hall, 400 Grand Avenue) T, _ South San Francisco, CA City Council (:4� FI ORl''1P Ordinance: ORD 1539-2017 File Number: 17-657 Enactment Number: ORD 1539-2017 ORDINANCE ADDING CHAPTER 8.68 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE REQUIRING THE PAYMENT OF A BICYCLE AND PEDESTRIAN IMPACT FEE TO MITIGATE THE IMPACTS OF NEW DEVELOPMENTS ON BICYCLE AND PEDESTRIAN IMPROVEMENTS IN THE CITY. WHEREAS,bicycle and pedestrian improvements 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 bicycle and pedestrian improvements for residents, employees, and visitors; and WHEREAS,the City's Bicycle Master Plan, which is included in the City's General Plan Transportation Element, recommends completion of the City's existing network of bicycle paths, lanes and routes; and WHEREAS, the improvements recommended in the Bicycle Master Plan total 16.06 miles, at a total cost of$11,952,453; and WHEREAS,new development's fair share was based on the proportion of the total Citywide average daily trips(ADT) generated by new development by 2040; and WHEREAS, new development's fair share of the Bicycle Master Plan improvement projects is 13.08 percent, or$1,563,381; and WHEREAS, the cost of$25.31 per ADT is based on new development's share of the Bicycle Master Plan Improvement costs and ADT; and WHEREAS,the City is authorized to assess the Bicycle and Pedestrian Impact Fee through the Mitigation Fee Act; and WHEREAS, the City contracted with Michael Baker International 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 Bicycle and Pedestrian Impact Fee and the types of new development that will be responsible for paying the fee(Development Impact Mitigation Fee Update, May 2017,hereafter"Study," attached to the associated staff report,but incorporated by this reference as though set out fully herein); and WHEREAS, new development projects attract new residents, employees and visitors to the city, City of South San Francisco Page 1 File Number: 17-657 Enactment Number: ORD 1539-2017 which generates increased demand for bicycle and pedestrian improvements; and WHEREAS,the City may adopt and impose a Bicycle and Pedestrian Impact Fee to pay for the cost of bicycle and pedestrian improvements 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 improve bicycle and pedestrian paths, lanes and routes and to maintain desirable levels of bicycle and pedestrian infrastructure for new and existing residents,visitors, 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 The City Council hereby adds Chapter 8.68 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. City of South San Francisco Page 2 File Number: 17-657 Enactment Number: ORD 1539-2017 Chapter 8.68 Bicycle and Pedestrian Impact Fee Ordinance 8.68.010 Purpose. 8.68.020 Bicycle and Pedestrian Impact Fee findings. Relation of bicycle and pedestrian improvements to population density and employment growth. 8.68.040 Bicycle and Pedestrian Impact Fee established/Timing of payment. 8.68.050 Application of bicycle and pedestrian impact fee. 8.68.060 Calculation of the bicycle and pedestrian impact fee. 8.68.070 Use of bicycle and pedestrian impact fee. 8.68.010 Purpose. The City Council finds and determines that in order to provide sufficient funding to achieve the City's goal of maintaining bicycle and pedestrian infrastructure levels and providing adequate bicycle and pedestrian improvements to residents,employees,and visitors of the city,in accordance with the standards established in the General Plan, Bicycle Master Plan, and other applicable plans and regulations, development projects identified in Section 8.68.050 below shall pay a Bicycle and Pedestrian Impact Fee as outlined in this Chapter, in order to mitigate the impacts of these development projects on bicycle and pedestrian infrastructure in the city. The specific purpose of the Bicycle and Pedestrian Impact Fee is to mitigate the impact of development projects by collecting sufficient funds to pay for the bicycle and pedestrian improvements in the city that are listed in the Bicycle Master Plan. 8.68.020 Bicycle and Pedestrian Impact Fee findings. (a) Bicycle and Pedestrian Impact Fee. The City Council finds and determines that: There is a reasonable relationship between the Bicycle and Pedestrian Impact Fee and the type of development projects to which the fee is imposed because the development projects that are the subject to the fee outlined in this chapter will generate additional daily trips that will place additional demands on bicycle and pedestrian infrastructure in the city. The bicycle and pedestrian improvements built 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 bicycle and pedestrian improvements and the type of development projects subject to the fee outlined in this chapter because these development projects will attract additional residents,visitors, and employees to the city that will place a greater demand on bicycle and pedestrian infrastructure.The bicycle and pedestrian improvements constructed with the proceeds of this fee will serve those new residents,visitors and employees. There is a reasonable relationship between the amount of the fee and the cost of providing the bicycle and pedestrian improvements attributable to the types of development upon which the fee is imposed because, pursuant to Section 8.68.070 below,the fee is calculated by apportioning the cost of paying for the required additional City of South San Francisco Page 3 Fite Number: 17-657 Enactment Number: ORD 1539-2017 ,cle and pedestrian improvements to the number of trips projected to be generated by each type of new residential unit, and to the number of trips projected to be generated by each new type of non-residential unit. 8.68.030 Relation of bicycle and pedestrian improvements to health and welfare. The City Council finds and determines that the public interest,convenience,health,welfare,and safety require that adequate bicycle and pedestrian facilities are provided for residents,visitors,and employees of the City. 8.68.040 Bicycle and Pedestrian Impact Fee established/Timing of payment. (a)The Bicycle and Pedestrian Impact Fee is hereby established,pursuant to California Government Code sections 66000 et seq. (b)Payment of the Bicycle and Pedestrian Impact Fee shall be imposed as a condition of development for every type of development project specified in Section 8.68.060. (c)The Bicycle and Pedestrian Impact Fee shall be charged to and paid by each development subject to the fees upon the date of final inspection or issuance of the certificate of occupancy for the development, whichever is earlier. However, if the fees are to reimburse the City for expenditures previously made,or if the City determines that the fees will be collected for bicycle and pedestrian improvements for which an account has been established and funds appropriated, and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such development projects, then the fee or fees shall be charged and paid upon issuance of the building permit for such development. However, with respect to a residential development proposed by a nonprofit housing developer in which at least 49 percent of the total units are reserved for occupancy by lower income households,as defined in Health and Safety Code Section 50079.5 at an affordable rent, as defined in Health and Safety Code Section 50053, the payment procedures described in Government Code section 66007(b)(2)(A)-(B) shall apply. 8.68.050 Application of bicycle and pedestrian impact fee. All residential and non-residential development projects shall be required to pay the Bicycle and Pedestrian Impact Fee established pursuant to this Chapter. 8.68.060 Calculation of the bicycle and pedestrian impact fee. (a) In calculating the Bicycle and Pedestrian Impact Fee pursuant to subsection(b),the City will use the data contained in Formula Table 8.68.060(a)below. Bicycle and Pedestrian Improvements Formula Table 8.68.060(a) ,and Use Type ADT per Units or 1,000 square feet Cost per ADT(*) :esidential,per unit ,ingle Family 9.60 $25.31 Multi-Family 6.70 $25.31 Mobile Homes 5.00 $25.31 City of South San Francisco Page 4 File Number: 17-657 Enactment Number: ORD 1539-2017 Ton-Residential,per 1,000 square feet )ffice 3.71 $25.31 'ommercial/Retail 14.40 $25.31 lotel/Visitor Services(rooms) 9.45 $25.31 adustrial 4.91 $25.31 Cost per ADT may be adjusted annually pursuant to subsection(d) (b)Bicycle and Pedestrian Impact Fee Formula. The Bicycle and Pedestrian Impact Fee formula shall be calculated by multiplying the number of average daily trips(ADT)per unit or 1,000 square feet generated by a particular development type by the cost per ADT. Formula 8.68.060 (b) -ADT per unit or 1,000 square feet X Cost per ADT = Bicycle and Pedestrian Impact Fee (c)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. (d)Annual Adjustment. Fees paid pursuant to this section may be adjusted annually in accordance with the Engineering New Record Construction Cost Index(CCI) for the San Francisco area. Such annual adjustment shall be approved by Gabriel Rodriguez 8.68.070 Use of bicycle and pedestrian impact tee. The Bicycle and Pedestrian Impact Fee funds shall only be used for the purposes outlined in this Chapter. 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 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 City of South San Francisco Page 5 File Number: 17-657 Enactment Number: ORD 1539-2017 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: 4 Vice Mayor Normandy, Councilmember Garbarino, Councilmember Matsumoto, and Mayor Gupta No: 1 CouncilmemberAddiego Attest by A Gabriel Rodriguez flat,Liy4/- Mayor Pradeep Gupta City of South San Francisco Page 6