HomeMy WebLinkAboutReso 84-2007
RESOLUTION NO. 84-2007
CITY COUNCIL CITY OF SOUTH SAN FRANCISCO
A RESOLUTION ADOPTING THE CITY OF SOUTH SAN
FRANCISCO 2007 EAST OF 101 TRAFFIC IMPACT FEE
STUDY UPDATE AND REVISING THE CITY'S TRAFFIC
DEVELOPMENT IMP ACT FEE FOR FUTURE
DEVELOPMENT WITHIN THE EAST OF 101 AREA
RECITALS
WHEREAS, on October 13, 1999, the City Council of the City of South San
Francisco adopted the South San Francisco General Plan ("General Plan"); and
WHEREAS, the General Plan, as adopted, applies to the East of 101 Area, which
is a Planning Area that includes the land within the jurisdictional limits of the City; and
WHEREAS, the General Plan area is included on the Land Use Map contained in
the General Plan; and
WHEREAS, the City's adopted General Plan includes policies requiring that new
development within the East of 101 Area should be required to pay its fair share toward
upgrades to existing transportation facilities and construction of new transportation
facilities as those upgrades and facilities are necessitated by new development in the East
of 101 Area (see Policies 4.2-G-7, 4.2-1-7 and 4.2-1-6); that the potential impacts of new
growth will be mitigated through development fees and other exactions (see Policies 4.2-
G-land 4.2-1-8); that development of all urban uses shall be coordinated with provision
of essential community services or facilities, including but not limited to transportation
improvements (see Policies 4.2-G-6 and 4.2-1-4); that the location, timing and extent of
growth shall be guided through capital improvements programming and financing,
including through the use of impact fees and developer contributions, to prevent
increased congestion and level of service deficiencies (see Policy 4.2-1-1); and
WHEREAS, pursuant to the California Environmental Quality Act (Pub.
Resources Code, SS 21000, et seq. ["CEQA"]), on October 13, 1999, the City Council of
the South San Francisco approved and certified an Environmental Impact Report ("EIR")
analyzing the environmental impacts of the General Plan; and
WHEREAS, the EIR identified certain significant and potentially significant
environmental impacts which could be mitigated to a level of less than significance; and
WHEREAS, pursuant to CEQA requirements, the City adopted mitigation
findings and a specific mitigation monitoring and reporting program to track compliance
with the mitigation measures; and
WHEREAS, the transportation improvements identified in the General Plan and
the traffic impact fee study update, attached to this Resolution as Exhibit A, will undergo
separate environmental review once the improvements have been sufficiently engineered
to identify their scope and potential impacts; and
WHEREAS, in 2001, 2005, and 2007, the City of South San Francisco retained
MuniFinancial to assist the City in reviewing the needs of residents, businesses, and
employees through build-out under the adopted General Plan, and in preparing a traffic
impact fee study to determine the amount of fees necessary to generate funds to pay for
the transportation improvements necessitated through build-out under the adopted
General Plan; and
WHEREAS, on September 26,2001, the City Council adopted the Traffic Impact
Fee Study for the East of 101 Area, prepared by MuniFinancial; and
WHEREAS, on August 24, 2005 the City Council adopted the 2005 Traffic
Impact Fee Study Update for the East of 101 Area, prepared by MuniFinancial; and
WHEREAS, MuniFinancial has now prepared and presented to the City Council a
second Traffic Impact Fee Study Update for the East of 101 Area ("2007 Traffic Fee
Study Update"), which is attached to this Resolution as Exhibit A, and incorporated
herein by reference; and
WHEREAS, the 2007 Traffic Fee Study Update identifies additional
transportation improvements that are necessary to accommodate future development
within the East of 101 Area, and estimates the cost of all improvements, including
previously identified improvements; and
WHEREAS, cost estimates for each transportation improvement are based on
calculations performed by TY Lin, as described in Exhibit B, incorporated herein by
reference; and
WHEREAS, TY Lin estimates that $6,708,780 of the total cost of the
transportation improvements is attributable to land acquisition expenses; and
WHEREAS, the 2007 Traffic Fee Study Update calculates the fee necessary to
fully fund all identified traffic improvements, per square foot of each specific type of
land use; and
WHEREAS, the 2007 Traffic Fee Study Update demonstrates the appropriateness
of the amount of the traffic impact fee proposed for adoption, based on current estimates
of the cost of transportation improvements needed to accommodate new development;
and
WHEREAS, the specific transportation improvements needed have been
identified based on several factors, including (1) anticipated future development in the
East of 101 Area; (2) the number of new vehicle trips generated by anticipated future
development in the East of 101 Area; and (3) means of minimizing traffic congestion and
maintaining acceptable levels of service throughout the East of 101 Area; and
WHEREAS, in accordance with Government Code S 66016(a), at least 14 days
prior to the public hearing at which this Resolution was adopted, notice of the time and
place of the hearing was mailed to eligible 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 S 66016(a), the 2007 Traffic
Fee Study Update, containing the data upon which the traffic impact fee is based
(attached to this Resolution as Exhibit A), was available for public review and comment
for ten days prior to the public hearing at which this Resolution was adopted; and
WHEREAS, ten days advance notice of the public hearing at which this
Resolution was adopted was given by publication in accordance with Government Code
S 6062(a).
FINDINGS
WHEREAS, the City Council finds as follows:
A. The 2007 Traffic Fee Study Update complies with California Government
Code SS 66000, et seq., by establishing the basis for imposition of the fee on new
development in the East of 101 Area. The purpose of the traffic impact fee set forth in
this Resolution is to finance transportation improvements necessary to reduce the impacts
caused by future development in the East of 101 Area, as further identified and explained
in Exhibit A. Additionally, the 2007 Traffic Fee Study Update:
1. identifies the purpose of the fee;
2. identifies the use to which the fee will be put;
3. demonstrates a reasonable relationship between the fee's use and the type
of development project upon which the fee will be imposed;
4. demonstrates a reasonable relationship between the need for the public
facilities and the type of development project upon which the fee will be
imposed;
5. demonstrates a reasonable relationship between the amount of the fee and
the cost of the public facilities or portions of facilities attributable to the
development upon which the fee will be imposed.
B. The traffic impact fee collected pursuant to this resolution shall be used to
finance the transportation improvements described in Exhibit A, subject to the City's
authority to make reasonable modifications or replacements to the improvements, as
further described in Section 13 of this Resolution.
C. Based on the entirety of the Record, which includes without limitation, the
2007 Traffic Fee Study Update (contained in Exhibit A), cost estimates and breakdowns
from TY Lin (as described in Exhibit B), all reports, including staff reports received for
the public hearing on this matter, the testimony received at this noticed public hearing,
the agenda statements, the General Plan, and all correspondence received (collectively,
"Record"), the City Council approves and adopts Exhibit A and incorporates such report
herein. The City Council further finds that future development in the City will generate
the need for the transportation improvements described in Exhibit A, and that such
improvements are consistent with the General Plan.
D. Adoption of the traffic impact fee set forth in this Resolution, as it relates
to development within the East of 101 Area, is intended to obtain funds for transportation
facility improvements necessary to reduce congestion and improve levels of service
within the East of 101 Area. While the fee may contribute sufficient funds for the
improvements, it will not, by and of itself, ensure the improvements are constructed.
Moreover, any improvements intended to be funded by the fee will be fully analyzed
under CEQA when the improvements are sufficiently engineered and the precise location
and scope of the improvements identified. As such, the fee, as it relates to development
within the City, is not a "project" within the meaning of CEQA because it is not a
necessary causal link in the provision of the improvements identified in the 2007 Traffic
Fee Study Update. (Pub. Resources Code S21080(b)(8)(D)).
E. In adopting the traffic impact fee set forth in this Resolution, the City
Council is exercising its powers under Article XI, Section 7 of the California
Constitution.
F. The Record establishes:
1. That there is a reasonable relationship between the use of the
traffic impact fee set forth in this Resolution (payment for certain listed transportation
improvements) and the type of development projects on which such fee will be imposed,
specifically, commercial, office/research and development, and hotel, because such new
development in the East of 101 Area generates new vehicle trips, increasing congestion
and decreasing levels of service, thereby contributing to the need for the transportation
improvements listed in Exhibit A; and
2. That there is a reasonable relationship between the need for the
transportation improvements listed in Exhibit A and the type of development projects on
which the traffic impact fee set forth in this Resolution is imposed because new
development in the East of 101 Area-office/research and development, commercial and
hotel-will increase the number of people who work in the East of 101 Area, generate
more vehicle trips in the Area, and contribute to the need for the transportation
improvements listed in Exhibit A; and
3. That there is a reasonable relationship between the amount of the
traffic impact fee set forth in this Resolution and the cost of the transportation
improvements listed in Exhibit A or that portion of such improvements attributable to the
development on which such fee is imposed because such fee is calculated based on the
number of residents or employees generated by specific types of land uses, the total cost
of construction of such facilities, and the percentage by which development within the
City contributes to the need for such facilities; and
4. That the cost estimates set forth in Exhibit A are reasonable
estimates for the cost of the transportation improvements listed therein, and the fees
expected to be generated by future development will not exceed the projected cost of
such improvements; and
5. That the method of allocating of the fee set forth in this Resolution
to a particular development bears a fair relationship and is roughly proportional to each
development's burden on and benefits from the improvements to be funded by such fee,
because such fee is calculated based on the number of trips each particular development
will generate.
ADOPTION OF FEE
NOW, THEREFORE, the City Council of the City of South San Francisco does
resolve as follows:
1. The 2007 Traffic Impact Fee Study Update, attached to this Resolution as Exhibit
A, is hereby adopted.
2. Definitions.
(a) "Applicant" shall mean any person or legal entity that applies for a permit or other
entitlement for a new development project.
(b) "Child Care Facility" shall mean any child care facility, as that term is defined by
section 1596.750 of the California Health and Safety Code, including but not
limited to facilities providing non-medical care to children under eighteen years
of age in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection and supervision of an
individual on less than a 24-hour basis. Such facilities shall include day care
centers, employer-sponsored child care centers, and family day care homes.
(c) "City" shall mean the City of South San Francisco.
(d) "Commercial" shall mean any development constructed or to be constructed on
land having a General Plan land use designation or zoning designation for
facilities for the purchase or sale of commodities or services and/or the sales,
servicing, installation, or repair of such commodities or services and other space
uses incidental to these activities. Commercial land uses include, but are not
limited to: apparel and clothing stores; auto dealers and malls, auto accessories
stores; banks and savings and loans; beauty salons; book stores, discount stores
and centers; dry cleaners; drug stores; eating and drinking establishments;
furniture stores and outlets; general merchandise stores; hardware stores; home
furnishings and improvement centers; hotels and motels; laundromats; liquor
stores; restaurants; service stations; shopping centers; supermarkets; and theaters.
"Commercial" includes the Commercial land use designation in the General Plan.
(e) "Commercial, Office/Research & Development and Hotel Development Project"
shall mean the construction of new Floor Area on a lot in the Community
Commercial, Business Commercial, Coastal Commercial, Mixed Industrial, and
Business and Technology Park land use classifications, identified in the General
Plan, and located in the East of 101 Area.
(f) "Commercial, Employee-Serving Amenities" shall mean ancillary commercial
establishments and services, and other uses incidental to business park or campus
activities, as identified in the South San Francisco General Plan Policy 3.5-1-8.
Uses may include small restaurants and cafes, and services such as dry cleaners
that are intended to support and to meet the needs of employees from a larger
office or research and development park or technology campus in the East of 101
Area.
(g) "Development" shall mean the construction, alteration, or addition, other than by
the City, of any building or structure within the area within the City of South San
Francisco.
(h) "Development Project" means any Commercial, Office/Research and
Development and Hotel Development Project.
(i) "East of 101 Area Traffic Impact Fee" "Traffic Impact Fee" and "Fee" shall all
mean the charge or charges imposed on development to fund the transportation
improvements to ensure that such development pays its fair share of
improvements generated by such development pursuant to this Resolution and
applicable law.
(j) "Floor Area" shall mean the area of all floors and levels as defined in the City of
South San Francisco Building Code.
(k) "Hotel" shall mean a commercial facility containing guestrooms for the temporary
use of transients where access to individual units is predominantly by means of
common interior or exterior hallways.
(1) "Industrial" shall mean any development constructed or to be constructed on land
having a General Plan land use or zoning designation for the manufacture,
production, assembly, or processing of consumer goods and/or other space uses
incidental to these activities. Industrial land uses include but are not limited to:
assembly; concrete and asphalt batching plants; contractors' storage yards;
fabrication; lumber yards; manufacturing; outdoor stockyards and service yards;
printing; processing; warehouse and distribution; and wholesale and heavy
commercial uses. "Industrial" includes the following General Plan land use
designations: light industry and heavy industry.
(m) "Land Use Category" shall mean any of the specific land uses that have been
listed in this Resolution and are used to provide the basis for future traffic
projections.
(n) "New Development Project" shall mean any construction, addition, alteration or
other change of use of a building or land that requires the City to issue a grading,
building, plumbing, mechanical, or electrical permit, or any other form of
entitlement.
(0) "Office/Research and Development" and "Office/R&D" shall both mean any
development constructed or to be constructed on land having a General Plan land
use or zoning designation for general business offices, medical or professional
offices, administrative or headquarters offices, offices for large wholesaling or
manufacturing operations, research and/or development, research and
development campus development with ancillary retail and services, and other
space uses incidental to these activities. Office land uses include, but are not
limited to: administrative headquarters; business parks; finance offices; insurance
offices; legal offices; medical and health services offices and office buildings;
professional and administrative offices; professional associations; real estate
offices; research and/or development offices and travel agencies.
(p) "Public Works Director" shall mean the Director of Public Works or the Director's
designee.
(q) "Transportation Improvements" shall include those improvements that are
described in the 2007 Traffic Fee Study Updated, attached as Exhibit A to this
Resolution.
(r) "Vehicle Trips" shall mean the number of average, daily trips generated by uses
of land, as specified in the "South San Francisco General Plan Amendment and
Transportation Demand Management Ordinance, Draft Supplemental
Environmental Impact Report," April 2001.
3. Revised and Adiusted Traffic Impact Fee Imposed.
Pursuant the Mitigation Fee Act (Government Code SS 66000, et seq.) the
updated Traffic Impact Fee identified in this Resolution, and in the documentation
provided in Exhibit A, shall be imposed, paid, and otherwise apply as prescribed in this
Resolution for each non-residential development (including commercial, hotel, and
office/research and development).
4. Time for Fee Payment.
The Traffic Impact Fee shall be charged and paid for each non-residential
development, including commercial, hotel, and office/research and development, upon
issuance of the building permit, or if no building permit is required, upon approval of a
use permit for the development project, or, if no use permit or amendment thereto is
required, at the earliest of any other permit required for the project.
5. Amount of Fee.
As calculated in the 2007 Traffic Fee Study Update, attached hereto as Exhibit A,
the Traffic Impact Fee to be imposed and paid pursuant to this Resolution shall be in the
amount identified in the following table, based on the land use classification for the
particular project for which the Traffic Impact Fee is being imposed:
Land Use Cost PM Cost per Traffic Admin Total Fee
per Trip 1000 SF or Fee per Fee 2 per SF or
Trip RateI hotel room SF or hotel
hotel room
room
Commercial $4,950 3.74 $18,513.00 $18.51 $0.46 $18.97
Office/R&D3 $4,950 0.90 $4,455.00 $4.46 $0.11 $4.57
Hotel $4,950 0.21 $1,039.50 $1,039.50 $25.99 $1,065.49
ITrips per 1,000 building square feet (for commercial and office/R&D) or per room (for hotels).
2Based on an estimate of 2.5 percent of traffic fee.
3Based on a weighted average of PM trip rate and R&D land uses of 0.96 and 0.60, respectively
6. Exemptions and Reductions of Fee.
Certain development in the East of 101 Area may be constructed to serve the
existing and new commercial and office/R&D uses in the Area. Such development,
including small restaurants, dry cleaners, and Child Care Facilities, will not generate new
vehicle trips, or will only generate very few new vehicle trips, because these development
will be used exclusively, or nearly exclusively, by employees working in the East of 101
Area. Therefore, if in the judgment of the City's Chief Planner, in consultation with the
City Engineer, the development of any of the land uses identified in this section of the
Resolution will not generate any new vehicle trips, but rather only contribute to "linked-
in" trips, the Chief Planner may exempt the particular development from paying the Fee.
Alternatively, if in the judgment of the City's Chief Planner, in consultation with the City
Engineer, the development of any of the land uses identified in this section of the
Resolution will only generate minimal new vehicle trips, the Chief Planner may reduce
the Fee to be paid by the particular development, proportional to the new vehicle trips
generated by the development. The types of developments to which such an exemption or
reduction may be applied are limited to the following:
a. Any replacement or reconstruction of an existing non-residential
structure that has been destroyed or demolished; provided that, the
building permit for reconstruction is obtained within one year after the
building was destroyed or demolished, unless the replacement or
reconstruction increase the square footage of the structure by 50
percent or more.
b. Any "Child Care Facility" as that term is defined in this Resolution.
c. Any "Commercial, Employee-Serving Amenities" as that term IS
defined in this Resolution.
7. Credit for Existing Uses.
Applicants whose projects involve the rehabilitation, remodeling or replacement
of existing buildings with warehouse, industrial or light industrial uses shall be entitled to
fee credits that discount the overall Fee by the number of trips already generated by
existing uses. Thus, credit shall be awarded to existing uses based on a net increase in trip
generation. The amount of any such discount shall be determined by the City Engineer in
his or her sole discretion.
8. Use of Fee Revenue.
The revenues raised by payment of the Fee shall be placed in a separate, interest
bearing account to permit accounting for such revenues and the interest that they
generate. Such revenues and interest shall be used only for the facilities and the purposes
for which the Fee was collected, which are the following:
a. To pay for acquisition of the right-of-way;
b. To pay for design, engineering, construction, maintenance of and property
acquisition for, and reasonable costs of outside consultant studies related to, the
Transportation Improvements;
c. To reimburse the City for the Transportation Improvements constructed by
the City with funds from other sources including funds from other public entities, unless
such funds were obtained from grants or gifts intended by the grantor to be used for the
Transportation Improvements.
d. To reimburse developers that have designed and constructed any of the
Transportation Improvements with prior City approval and have entered into an
agreement, as provided in Section 14, below; and
e. To pay for and/or reimburse costs of program development and ongoing
administration of the Fee program, including, but not limited to, the cost of studies, legal
costs, and other costs of updating the Fee.
9. Standards.
The standards upon which the need for the Transportation Improvements are
based are the standards of the City, including the standards contained in the General Plan
and those City standards reflected in this Resolution, including the 2007 Traffic Fee
Study Update.
10. Periodic Review.
a. During each fiscal year, the Public Works Director shall prepare a report
for the City Council, pursuant to Government Code S 66006, identifying the balance of
Fee revenues in the Fee account.
b. Pursuant to Government Code S 66002, the City Council shall also review,
as part of any adopted City Capital Improvement Plan each year, the approximate
location, size, time of availability and estimates of cost for all Transportation
Improvements to be financed with the Fee. The estimated costs shall be adjusted in
accordance with appropriate indices of inflation. The City Council shall make findings
identifying the purpose to which the existing Fee revenue balances are to be put and
demonstrating a reasonable relationship between the Fee and the purpose for which it is
charged.
11. Subsequent Analysis and Revision of the Fee.
The Fee set forth herein is adopted and implemented by the City Council in
reliance on the Record identified above. The City may continue to conduct further study
and analysis to determine whether the Fee should be revised. When additional
information is available, the City Council may review the Fee to determine that the Fee
amounts are reasonably related to the impact of Development within the City. In addition
to the inflation adjustments pursuant to Section 12, below, the City Council may revise
the Fee to incorporate the findings and conclusions of further studies and any standards in
the General Plan, as from time to time amended by the City.
12. Fee Adiustments.
Beginning July 1, 2008 and each July thereafter, the Fee shall be automatically
adjusted to account for inflation. The City Manager or his designee shall be responsible
for performing the calculations described in this Section. The adjustments described in
this Section shall be applied administratively. The Fee shall be adjusted as follows:
a. Land Adjustment. The adjustment for the land acquisition costs shall be
equal to the percentage change in land cost per acre within the City, based on a
comparison of a current appraisal (prepared for the City for the purpose of adjusting the
Fee) and the immediately preceding appraisal (prepared for the City for the purpose of
adjusting the Fee and using the same methodology). This calculation shall be known as
the "Land Adjustment."
(1) For the purposes of calculating the Land Adjustment, the City
should conduct annual appraisals; however, in the event that the City has not conducted
appraisals on an annual basis, in any year in which the Land Adjustment is applied to the
Fee, the Land Adjustment shall be based on the percentage change between a current
appraisal (prepared for the City for the purpose of adjusting the Fee) and the last
available appraisal (prepared for the City for the purpose of adjusting the Fee and using
the same methodology).
(2) If in any year, for any reason, the City Manager or his designee
does not calculate the Land Adjustment, the Fee shall still be automatically adjusted
using only the Construction Adjustment.
b. Construction Adjustment. The adjustment for construction costs shall be
equal to the percentage change in the Engineering News Record Construction Cost Index
(20-city average) between the prior April, and the April of the preceding year. This
calculation shall be known as the "Construction Adjustment."
c. Fee Adjustment. Once calculated, the Construction Adjustment and the
Land Adjustment shall be applied to the respective portions of the total cost of the
Transportation Improvements, to determine a new, adjusted total cost. (The portions of
the 2007 total cost attributable to each factor are described in Exhibit B: $6,708,780 of
the total fee is attributable to land acquisition costs; the remainder of the total fee is
attributable to construction costs). This adjusted total cost shall be used to calculate the
Cost Per Trip (Table 7 of the 2007 Traffic Fee Study Update) and the Total Fee (Table 9
of the 2007 Traffic Fee Study Update) in the same manner as in the 2007 Traffic Fee
Study Update.
13. Replacement or Modification of Transportation Improvements.
At the discretion of the City Engineer, specific Transportation Improvements may
be reasonably modified or replaced with comparable improvements, provided that the
modifications or replacements achieve the same or greater mitigation of traffic impacts,
and maintain the reasonable relationship requirements of the Mitigation Fee Act, as
identified in Government Code S 66001.
14. Credits and Reimbursement for Developer Constructed Facilities.
The City and a developer may enter into an improvement agreement to allow the
developer to construct certain of the Transportation Improvements. The City shall retain
total discretion as to whether to execute such an agreement. Such agreement shall provide
for security for the developer's commitment to construct the Transportation
Improvements and shall refer to this Resolution for credit and reimbursement. If the City
enters into such an agreement with a developer prior to construction of one or more of the
Transportation Improvements, the City shall provide the developer a credit in accordance
with the following:
a. Credit Amount. The credit shall be in the amount of the lowest bid
received for construction of the facility, as approved by the Director of Public Works.
However, in no event shall a credit pursuant to this provision exceed the current cost of
the Transportation Improvement. For the purposes of this section, such current
Transportation Improvement cost shall be the amount listed in the 2007 Traffic Fee Study
Update for that particular Transportation Improvement, as subsequently adjusted pursuant
to Sections 11 and 12 of this resolution prior to issuance of the building permit for that
Transportation Improvement. Once issued, credit pursuant to this section shall not be
adjusted for inflation or any other factor. Credit provided pursuant to this section is not
transferable.
b. Application of Credit. Developers may apply credit pursuant to this
section against the Fee applicable to a particular project, until the credit is exhausted or
an excess credit results. The total credit shall be divided by the number of units to
determine the amount of credit that can be applied against the Fee for each unit, and if the
credit per unit is less than the Fee per unit, the developer shall pay the difference for each
unit.
c. Reimbursement for Excess Credit. Reimbursement for excess credit shall
only be from remaining unspent Fee revenues. Once all the Facilities have been
constructed or acquired, and to the extent Fee revenues are sufficient to cover all claims
for reimbursement of Fee revenues, including reimbursement for excess credit,
developers with excess credit shall be entitled to reimbursement, subject to such
developers certifying in writing to the City that the cost of constructing the facility that
resulted in an excess credit was not passed on to tenants of the development, and
indemnifying the City from land-owner claims for reimbursement under Government
Code S 66000 et seq., and S 66001 in particular. If remaining Fee revenues after all of the
Transportation Improvements have been constructed or acquired are insufficient to cover
all claims for reimbursement of Fee revenues, such claims, including claims for
reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance
with applicable law.
15. Effective Date.
This resolution shall become effective immediately. In accordance with
Government Code S 66017, the Fee shall be effective 60 days from the effective date of
this Resolution.
16 . Severability.
Each component of the Fee and all portions of this Resolution are severable.
Should any individual component of the Fee or any portion of this Resolution be
adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the
remaining Fee components and/or resolution portions shall be and continue in full force
and effect, except as to those Fee components and/or resolution portions that have been
adjudged invalid. The City Council of the City of South San Francisco hereby declares
that it would have adopted this resolution and each section, subsection, clause, sentence,
phrase and other portion thereof, irrespective of the fact that one or more section,
subsection, clause sentence, phrase or other portion may be held invalid or
unconstitutional.
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I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 25th day
of July, 2007 by the following vote:
AYES:
Councilmembers Mark N. Addiego, Joseph A. Fernekes and Karyl Matsumoto.
Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
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Interim City CI