HomeMy WebLinkAboutOrd. 1612-2020 (20-825)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1612-2020
File Number: 20-825 Enactment Number: ORD 1612-2020
ORDINANCE AMENDING CHAPTER 8.67 OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE
REGARDING THE PARKLAND ACQUISITION FEE
AND THE PARK CONSTRUCTION FEE FOR SOUTH
SAN FRANCISCO.
WHEREAS, the City Council adopted ordinances in 2016, 2017 and 2018 amending the South San
Francisco Municipal Code to adopt a Parks and Recreation Impact Fee with two components, a Parkland
Acquisition Fee and a Park Construction Fees ("Fees"), under the authority of Sections 66000 et seq. of
the California Government Code ("Mitigation Fee Act") that applies to residential and non-residential
development projects in the City; and
WHEREAS, the purposes, application, calculation, timing of payment, and permitted uses of the
Fees are set forth in chapter 8.67 of the South San Francisco Municipal Code; and
WHEREAS, the City Council wishes to modify the timing of payment for the Fees to align with
other development impact fees collected by the City of South San Francisco; and
WHEREAS, the City Council wishes also to adjust the amount of the Fees, as justified by the 2016
and 2019 nexus studies supporting the Fees, which the City Council shall do by resolution modifying the
discount factor applied to the Fees, as permitted by Municipal Code section 8.67.060(k); and
WHEREAS, such development impact fees are not a "tax" as defined in Section 1, paragraph (e)
of Article XIIIC of the California Constitution ("Proposition 26") because such Fees and charges are
imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to
those not charged, and which does not exceed the reasonable cost to the local government of providing
the service or product, and/or such Fees and charges are imposed for a specific government service or
product provided directly to the payor that is not provided to those not charged, and which does not
exceed the reasonable cost to the local government of providing the service or product, and/or such Fees
and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses
and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders
and the administrative enforcement and adjudication thereof; and/or such fees and charges are imposed
as a condition of property development; 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
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File Number: 20-825 Enactment Number: ORD 1612-2020
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, in accordance with Section 66016 of the Mitigation Fee Act, at least ten (10) days
prior to the public hearing at which this Ordinance was introduced, the Nexus Study was made available
to the public for review; 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 Fee 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
Fee 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. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the
Ordinance by this reference.
SECTION 2. Amendment of Chapter 8.67
The City Council hereby amends the following sections of Chapter 8.67 ("Parks and Recreation
Impact Fee") of Title 8 of the South San Francisco Municipal Code, to read as follows, with other
sections to remain unchanged:
8.67.040 Parkland acquisition fee and parks and recreation construction fee established -Timing
of payment
(a) The parkland acquisition fee and park construction fee are hereby established, pursuant to
California Government Code Section 66000 et seq.
(b) Payment of the parkland acquisition fee and park construction fee shall be imposed as a
condition of development for every type of development project specified in Section 8.67.060.
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File Number. 20-825 Enactment Number. ORD 1612-2020
(c) The parkland acquisition fee and park construction fee shall be charged to and paid by each
development subiect to the fees, as follows:
(1) Non-residential development. The fees shall be charged and paid for a non-residential
development when the building permit is issued for construction of such building or structure
2) Single family residential development. The fees shall be charged and paid for any single
family residential development (constructed or to be constructed on land with a dwelling unit designed
for occupancyby one household and located on a separate lot from any other unit) upon the date of final
inspection or issuance of the certificate of occupancy, whichever occurs first. 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 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 residential development then the fees shall be charged and paid upon issuance of the building
permit for such development With respect to a residential development proposed by a nonprofit housing
developer in which at least forty-nine 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 a
(3) Multi -Family development. For any residential development not included in sub -section (2)
above, the fees shall be charged and paid for on a lump -sum basis when the first dwelling in the
development receives its final inspection or certificate of occupancy, whichever occurs first 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 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 residential development then the fees shall be charged andap id upon
issuance of the building permit for such development With respect to a residential development
proposed by a nonprofit housing developer in which at least fortv-nine percent of the total units are
reserved for occupancyby lower income
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(c) The parkland acquisition fee and park construction fee shall be charged to and paid by each
development subiect to the fees, as follows:
(1) Non-residential development. The fees shall be charged and paid for a non-residential
development when the building permit is issued for construction of such building or structure
2) Single family residential development. The fees shall be charged and paid for any single
family residential development (constructed or to be constructed on land with a dwelling unit designed
for occupancyby one household and located on a separate lot from any other unit) upon the date of final
inspection or issuance of the certificate of occupancy, whichever occurs first. 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 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 residential development then the fees shall be charged and paid upon issuance of the building
permit for such development With respect to a residential development proposed by a nonprofit housing
developer in which at least forty-nine 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 a
(3) Multi -Family development. For any residential development not included in sub -section (2)
above, the fees shall be charged and paid for on a lump -sum basis when the first dwelling in the
development receives its final inspection or certificate of occupancy, whichever occurs first 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 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 residential development then the fees shall be charged andap id upon
issuance of the building permit for such development With respect to a residential development
proposed by a nonprofit housing developer in which at least fortv-nine percent of the total units are
reserved for occupancyby lower income
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File Number. 20-825 Enactment Number., ORD 1612-2020
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.
SECTION 3. Severability.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have passed the Ordinance, and each and every section, subsection, sentence, clause or phrase not
declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 4. 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 Council members
voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty
(30) 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 October 2020.
At a meeting of the City Council on 10/28/2020, a motion was made by Vice Mayor Addiego, seconded
by Councilmember Nicolas, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by V 0 Atw
osa Govea Acosta, City Clerk
)9'/WpLiz,
Richard Garbarino, Mayor
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