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HomeMy WebLinkAboutOrd. 1301-2001ORDINANCE NO. 1301-2001 AN ORDINANCE ESTABLISHING A CHILDCARE IMPACT FEE WHEREAS, the City Council of the City of South San Francisco has commissioned a study, pursuant to the requirements of Government Code §66000 ("Mitigation Fee Act") to analyze the availability of child care within the city and to, if indicated, implement a Child Care Impact Fee to address the child care needs of new businesses and residents; and, WHEREAS, the South San Francisco Child Care Facilities Impact Fee Nexus Study prepared by Brion & Associates sets forth the existing and future demand for child care facilities and complies in all respects to the requirements of the Mitigation Fee Act; and, WHEREAS, the study demonstrates, based on projected build-out under the General Plan, that without additional funding, the City will be unable to provide a sufficient number of child care facilities to accommodate child care needs of future employees in the city and future residents; and, WHEREAS, the purpose of the Child Care Facilities Fee is to fund required capital improvements to create new child care facilities or new spaces in existing facilities in the city of South San Francisco to accommodate new employees and new residents who require child care within the city; and, WHEREAS, the Child Care Facilities Fee revenue will be used by the City to construct new child care facilities or provide funding for expanding existing child care facilities in the city; and, WHEREAS, the demand for new child care spaces is based on the current projections of child care need prepared by the Child Care Coordinating Council of San Mateo County, Inc.'s cour.ty-wide "Needs Assessment" survey; and, WHEREAS, the City Council finds that new residential and commercial development will generate new residents and employees and that the Child Care Facilities Impact Fee is required to fund new development's share of the required child care facilities and spaces; and, WHEREAS, the City will fund fifty percent (50%) of the total potential demand for child care in the city and new development will fund its proportional share of the cost of providing new child care facilities and spaces in the city based on the number of persons occupying a residential unit for residential development and the projected number of new employees generated by non-residential development; and, WHEREAS, the City Council finds that a lack of child care facilities in the city would have an adverse affect on the health, safety or welfare of residents and employees of businesses within the city; and, WHEREAS, the City of South San Francisco Planning Commission, after a duly noticed pu'91ic hearing conducted on October 4, 2001, recommended by a 6-0 vote that the City Council adopt an ordinance establishing a childcare impact fee, thereby adding Chapter 20.115 to the South San Francisco Municipal Code. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN ~.s follows: SECTION il: FINDINGS Based on all the evidence in the record, including but not limited to the recitals of this Ordinance; Council's independent review and analysis of the General Plan adopted in October 1999; staff reports and written materials submitted at the public hearing of the Planning Commission on October 4, 2001; and testimony and materials submitted at the duly noticed public hearing of the City Council on October 24, 2001, the City Council does hereby find as follows: A.' The Childcare Impact Fee Ordinance is Categorically Exempt under the "General Rule" [California Environmental Quality Act (CEQA) Section 15061(b)(3)], that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed ordinance provides only a funding mechanism for future childcare related facilities; no individual projects are identified in the ordinance. Any specific project fur_ded from this fee would require separate analysis under CEQA. Consequently, there is no ~possibility that the proposed study and ordinance could have a significant effect on the enviror_ment. B. The Childcare Impact Fee Ordinance is consistent with the South San Francisco General Plan ("General Plan"), adopted on October 13, 1999, by the City Council of the City of South San Francisco. Specifically: The Childcare Impact Fee Ordinance is consistent with General Plan Policy 2-G-9. That Policy calls on the City to "facilitate development of childcare centers.., in all areas." The Childcare Impact Fee Ordinance is consistent with, and implements the City's policy to provide child care because its purpose is the fund the development of child care centers through imposition of the Child Care Impact Fee. The Childcare Impact Fee Ordinance is consistent with General Plan Policy 2-1-20. That Policy calls for the initiation of a nexus analysis to study potential funding for childcare facilities. The Childcare Impact Fee Ordinance is consistent with the General Plan because it relies on such an analysis to create such a revenue source. The Childcare Impact Fee Ordinance is consistent with General Plan Policy 2-1-12. That Policy calls for efforts to promote childcare facilities. The Childcare Impact Fee Ordinance is consistent with the General Plan because it provides a funding source to build and promote childcare facilities. The Childcare Impact Fee Ordinance is consistent with General Plan Policy 3.4-I-5. That Policy encourages including childcare facilities in the BART Station development area. Because childcare facilities in the BART Station Area will be among the ones eligible to be supported and encouraged by the revenues created by the Childcare Impact Fee Ordinance, the Ordinance is consistent with the General Plan. The Childcare Impact Fee Ordinance is consistent with General Plan Policy 5.2-I-1. That Policy encourages acquiring unneeded school sites from the South San Francisco Unified School District to use as childcare facilities where appropriate. The Childcare Impact Fee Ordinance is consistent with the General Plan because it will create funds which may be used to acquire such sites. The Childcare Impact Fee Ordinance is consistent with General Plan Policy 6-1-9. That Policy calls for childcare facilities to serve workers in a Hotel District Program. Because the Childcare Impact Fee Ordinance may be used to establish childcare facilities to serve those workers, the Childcare Impact Fee Ordinance is consistent with the General Plan. The Childcare Impact Fee Ordinance is consistent with General Plan Policy 6-I-10. That Policy encourages the establishment of "industry clusters" in the city by providing common services, including childcare, to multiple businesses in a common setting. The Childcare Impact Fee Ordinance is consistent with the General Plan because it will facilitate building such services to serve such industry clusters. C. The City of South San Francisco Child Care Facilities Fee Nexus Study complies with California Government Code Section 66001 by establishing the basis for the imposition of fees on new development. In particular, the City of South San Francisco Child Care Faci'tYties Fee Nexus Study: 1. Identifies the purpose of the fee; 2. Identifies the use to which the fee will be put; 3. Establishes a reasonable relationship between the fee's use and the type of development project on which the fee will be imposed; 4. Shows that a reasonable relationship exists between the need for child care and the type of development project on which the fee will be imposed; Shows that a reasonable relationship exists between the amount of the fee and the cost of future child care facilities or portion of future childcare facilities attributable to the development on which the fee will be imposed. SECTION ]2: Addition of Chapter 20.115 The South San Francisco Municipal Code is hereby amended by adding Title 20, Chapter 20.115, titled "Childcare Fee" and the Child Care Facilities Fee Nexus Study is hereby adopted. Sectior ~ 20.115.010 Purpose and Use A. ~ The City Council hereby finds and declares that there is a lack of adequate childcare facilities in the City of South San Francisco. As of the year 2001, existing childcare facilities met less than thirty percent (30%) of the City's demand and the projected future growth of the city indicates that the demand for childcare facilities will continue to increase. A lack of childcare facilities will result in employers unable to secure a labor force and employees unable to find accessible and affordable quality childcare facilities. Affected employees will be forced to leave the city and find work where such services are available or leave the work force entirely. Therefore, the lack of childcare facilities in the city will have an adverse affect on the city's economy and the residents' quality of life. The study indicates that private sector has been unable to satisfy existing demand and is unlikely to meet future demand. Thus, the City Council has determined that a fee is needed to fund new childcare facilities in the city. The City's goal is to satisfy fifty percent (50%) of the city's existing and future childcare needs by the year 2020. To achieve this goal, 4,784 additional childcare spaces must be created in the City, of which 1,176 are associated with new development and will be funded by the Fee. The balance of new spaces required represents -.he city's existing unmet need and will be funded by the City. B. The revenues raised by the payment of this fee shall be used to establish new childcare spaces in the city. Methods for creating new childcare spaces include, but are not limited to: i) building new childcare facilities; ii) expanding existing childcare facilities; iii) leasing existing commercial space; iv) establishing new family childcare homes and expanding spaces at existing family childcare homes; v) creating new childcare facilities through th: South San Francisco Unified School District; and, vi) creating new childcare spaces within the City Parks, Recreation and Community Services Department. C. I The City Council has determined that residential and non-residential development has and will continue to attract new residents and additional employees to the city. There is a causal connection between such developments and the need for childcare facilities ir_ the City. As development continues in the future, it will create an additional need for childcare facilities. The City Council estimates that future development will create a demand fo: 2,352 additional childcare spaces. The cost to the City of meeting fifty percent (50%) of this demand will be significant. Imposing a fee on new development will help offset the City's costs in meeting the increased future demand for childcare facilities by requiring developers to mitigate the increased demand for childcare generated by their respective projects. The amount of the Fee is based on a nexus study prepared on behalf of the City. The nexus study analyzes the projected need for new childcare facilities and calculates the fee amount necessary to fund the new spaces. Sectior 20.115.020 Definitions For purposes of this Chapter, the following definitions shall apply: A. ! Low Density Residential: Single-family residential development with densities up to 8.0 u?its per net acre. B. Medium Density Residential: Residential development with densities from 8.1 to 18.0 uni;s per net acre. C. High Density Residential: Residential development with densities of 18.1 or more units per net acre. D. Other Residential Uses: Establishments that do not fall into one of the other residential definitional categories but are residential in nature. Examples include, but are not limited to: nursing homes and halfway houses. E. Commercial/Retail: Establishments primarily engaged in the sale of commonly used goods and merchandise. These types of establishments include, but are not limited to: shopping centers, big box retail and department stores, eating and drinking establishments, commercitl recreation, service stations, automobile sales and repair services, entertainment establishments and theaters, eating and drinking establishments, book stores, souvenir shops, florists, stationary stores, camera sales and photo processing, specialty clothing stores, furniture stores, and drag stores. F. i Hotels/Visitor Services: Establishments primarily engaged in the provision of lodging se_wices on less-than-weekly basis with incidental food, drink, and other sales and services in;ended for the convenience of the guest. Examples include, but are not limited to: hotels, mol:els, motor inns, and bed & breakfasts. G. Office/Research & Development: Establishments engaged in research and development activities, engineering and testing activities, and office uses. Types of office uses incluCe, but are not limited to: administrative, business, financial, professional, medical, public, and research and development. Projects located wholly within a Research and Development Overlay District will be subject to the fee based on the Research and Development employment numbers regardless of the type of use proposed by the project. H. Other Non-Residential Uses: Establishments that do not fall into one of the other non-residential definitional categories, but are non-residential in nature, such as industrial, civic, or agricultural uses. Examples include, but are not limited to: warehouses, manufactufng facilities, general industrial facilities, personal storage, wholesale distribution or storage facilities, laundry services, medical facilities, schools, parking services, utility services, churches, libraries, museums, truck stops, farms, grazing land, and packing and processing plants. I. ' Dwelling Unit: Any building or portion there of which contains living facilities, i acluding provisions for sleeping, eating, cooking and sanitation, for not more than one family? Section 20.115.030 Childcare Fee Imposed A0 in this sect Bo A fee shall be imposed and paid at the times and in the amounts as prescribed ion. The fee shall be paid: for any building or facility subject to this Chapter, other than a residential development, prior to the issuance of a building permit for such building or facility. However, those projects that are subject to an approved Development Agreement or have a completed application for a Vesting Tentative Map as of the effective date of this Chapter are exempt from payment of the fee unless otherwise stated in the Development Agreement or conditions of approval. follows: for residential developments, after the date of the final inspection, or the date the certificate of occupancy is issued, whichever comes first. If the residential development contains more than one dwelling, the Planning Division may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first; on a pro rata basis when a certain percentage of the dwellings have received their final inspection or certificate of occupancy, whichever occurs first; or on a lump-sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first. As of the effective date of this Chapter, the amount of the fee shall be as Residential Uses: All residential uses that result in the addition of a dwelling unit or the addition of more than 1,000 gsf of new residential space shall pay the following fee: Low Density Medium Density High Density Other residential uses: $1,736.00/dwelling unit $1,630.00/dwelling unit $1,624.00/dwelling unit $1.12/gsf Non-Residential Uses: All non-residential projects that result in the addition of employees or result in an intensification of use in an existing space shall pay the following based on the gross square footage of the proposed project. Commercial/Retail $ Hotels/Visitor Services $ Office/Research & Development $ Other non-residential uses: $ 0.60/gsf 0.16/gsf 0.50/gsf 0.47/gsf D. For mixed-use projects, the fee shall be calculated based on the square footage of each proposed use within the project. For example, for a 10,000 gsf office and retail project wl-_ere the office component comprises 7,000 gsf and the retail component equals 3,000 gsf, :he fee will be calculated as follows: (7000 x $0.50 + 3000 x $0.60). E. A non-residential project will be subject to the fee when the project proposes an intensif'_cation of use or adds the following: Commercial/Retail: Hotels/Visitor Services: Office/R&D: Warehouse/Industrial: 450 gsf of new space 1,500 gsf of new space 416 gsf of new space 955 gsf of new space F. Beginning September 1, 2002, and annually thereafter, the Council, by Resolution, may increase the fee by a percentage amount equivalent in the Engineering News Record Inc2ex. Section 20.115.040 Waivers and Exemptions Developers of affordable housing units and senior housing units may request a fee waiver for those units of the development that are designated as affordable or senior housing units. Granting of fee waivers will be at the City Council's discretion. Any waiver granted shall only waive that portion of the total fee that is attributable to the affordable or senior housing units. Sectior. 20.115.050 Fee Revenue Account Upon receipt of the fee, the City shall deposit it in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the City, except for temporary investments, and shall expend those fees solely for the purpose of establishing new childcare spaces. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose of establishing new childcare spaces. Sectior. 20.115.060 Developer Construction of Facilities If a developer elects to or is required as a condition of approval to construct a childcare facility, the developer shall be entitled to a credit, based on the number of spaces provided, against the fee otherwise levied pursuant to this Chapter in an amount not to exceed the lesser of the fee or the cost of such childcare facility as estimated by the City. 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 summ~ry, 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 days from and after its adoption. SECTION 4: SEVERABILITY In :he event any section or portion of this ordinance shall be determined invalid or unconstituSonal, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Introduced at the regular meeting of the City Council of the City of South San Francisco, held the 24th day of October, 2001. Adopted as an Ordinance of the City Council of the City of South San Francisco, at a regular meeting of the City Council held the 14th day of November, 2001 by the following vote: AYES: Councilmembers Pedro Gonzalez Karyl Matsumoto, and John R. Penna Mayor Pro Tem Eugene R. Mullin and Mayor Joseph A. Fernekes NOES: None. ABSTAIN: None. ABSENT: None. City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 14th day of November 2001.