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HomeMy WebLinkAboutReso 56-2016 (16-383)o�Tx sa City of I 1 d �`111FORN�P Resolution: . I P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File Number: 16 -383 Enactment Number: RES 56 -2016 RESOLUTION SETTING THE AMOUNT OF THE FEE IN LIEU OF DEDICATION OF LAND PURSUANT TO THE AMENDMENTS TO CHAPTER 19.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND THE QUIMBY ACT. WHEREAS, parks and recreational open space and 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 open space and facilities for its residents; and WHEREAS, the City's General Plan and Parks and Recreation Master Plan aims to provide three acres of parks and recreational facilities per 1,000 residents; 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 residents "; and WHEREAS, Goal #I 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 WHEREAS, residential subdivision projects attract new residents to the City, which generates increased demand for parks and recreational facilities and impacts existing park service levels; and WHEREAS, the City adopted Sections 19.24.030 through 19.24.120 of the South San Francisco Municipal Code in 1981 pursuant to Government Code section 66477 ( "Quimby Act ") in order to require developers of proposed residential subdivisions to dedicate land for parks or pay an in -lieu fee ( "Fee ");and WHEREAS, since a significant period of time has passed since the adoption of Sections 19.24.030 through 19.24.120, the City adopted certain revisions, updates and amendments ( "Amended Ordinance ") that were necessary to ensure that Chapter 19.24 was operating adequately Page I File Number. 15 -383 and achieving the City's objectives; and Enactment Number. RES56 -1016 WHEREAS, the Amended Ordinance provides that the City Council will, by resolution, set the average fair market value for land in the city necessary for calculating the Fee, set an administrative fee to cover the cost of administering the Amended Ordinance, and set the annual adjustment of the Fee; and WHEREAS, the Finance Director has determined that the annual staff costs associated with administration of the Amended Ordinance will be approximately $500 per year and will require three years of administration per development project, which results in an administrative fee of $1500 per development project; and WHEREAS, the City has obtained an appraisal from Dana Property Analysis for the average fair market value of land per acre in the city, which assessed the value of land at $3,000,000 per acre; and WHEREAS, as market costs naturally fluctuate from year to year, the Fee will be adjusted annually to reflect these fluctuations using the All Urban Consumers Consumer Price Index, San Francisco - Oakland -San Jose (AUC -CPI), which is a fair estimate of market fluctuations in the city and surrounding areas; and WHEREAS, the City has caused to be prepared an impact study entitled "City of South San Francisco Parkland Acquisition and Park Construction Fees Quimby Act and Mitigation Fee Act Report," which report was prepared by Municipal Resources Group, LLC dated March 2016 ( "Fee Study "), a copy of which is on file in the Office of the City Clerk and Parks and Recreation Administrative Office and is hereby made a part of this Resolution by reference; and WHEREAS, the Fee Study analyzes Chapter 19.24 and describes the amounts necessary to fund City park and recreational facilities and a description of the reasonable relationship between the land to be dedicated or the Fees to be paid and the new development requiring such parkland and park facilities and recommends amendments to Sections 19.24.030 through 19.24.120 of the City's Municipal Code; and WHEREAS, the amendments to Sections 19.24.030 through 19.24.120 were accomplished through adoption of the Amended Ordinance; and WHEREAS, at least fourteen (14) days prior to the public hearing at which the Amended Ordinance was considered, 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 Page 2 File Number: 16 -383 Enactment Number: RES56 -2016 WHEREAS, 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 Amended Ordinance; and WHEREAS, ten (10) days advance notice of the public hearing at which the Amended Ordinance was considered was given by publication; and WHEREAS, the text of this Resolution was included in the record at the public hearing at which the Amended Ordinance was considered; and WHEREAS, the action taken by the Amended Ordinance and this Resolution has no potential for physical effects on the environment because it involves the modification of a Fee and/or charges imposed by the City, does not commit the City to any specific project, and said Fee 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(6)(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; and WHEREAS, the City seeks to adopt this Resolution to establish the average fair market value of land per acre in the city for purposes of calculating the Fee and set the Fee under the Amended Ordinance in order to mitigate the impacts caused by new development by providing for the payment of in -lieu 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. NOW THEREFORE, BE IT RESOLVED that City Council of the City of South San Francisco finds as follows: I. FINDINGS A. After considering the Fee Study, the testimony received at the noticed public meeting at which the Amended Ordinance and Resolution were considered, the accompanying staff report, the General Plan, the General Plan EIR, the Parks and Recreation Master Plan and all correspondence received at or prior to the public meeting (the "Record "), the City Council approves and adopts the Fee Study; and the City Council further finds that future development in the City will generate the need for the park and recreational facilities necessitating adoption of the Amended Ordinance and this Resolution. Page 3 Fite Number: 16 -383 Enactment Number: RES 56 -2016 B. The City currently provides park and recreational facilities to the community and the dedication of land and/or payment of the Fee set forth in the Amended Ordinance and this Resolution will be used to maintain current levels and assist the City in meeting its stated goals for park and recreational facilities under the General Plan, Parks and Recreation Master Plan and other applicable plans. As such, the dedication of land and/or payment of the Fee modified under the Amended Ordinance and this Resolution as it relates to development within the City is not a "project" within the meaning of CEQA (Pub.Res. Code §21080(b)(8)(D)). C. The Record establishes: 1. The cost estimates set forth in the Fee Study are reasonable estimates for acquiring parkland and constructing park and recreational facilities and the Fee expected to be generated by future development will not exceed the projected cost of acquiring parkland and constructing park and recreational facilities. 2. The Fee Study is a detailed analysis of how parks and recreational services will be affected by development in the city and the parks and recreational facilities necessary to accommodate that development. 3. The amount of land to be dedicated and/or the payment of the Fee under the Amended Ordinance are consistent with the General Plan and, pursuant to Government Code Section 65913.2, the City Council has considered the effects of the Fee and the amount of the land to be dedicated with respect to the City's housing needs as established in the housing element of the General Plan. 4. The Fee amount set forth in this Resolution include the fair and reasonable costs of administration for the Fee program as determined by the Finance Director and are within the requirements of the Quimby Act and other applicable law. 5. The annual fee adjustment provided for in this Resolution reasonably approximates the fluctuation in market costs in that it allows for adjustment in accordance with the All Urban Consumers Consumer Price Index, San Francisco - Oakland -San Jose (AUC -CPI). 6. The average fair market value of land in the city as set by this Resolution is a fair and reasonable calculation of such fair market value as determined by a qualified appraiser in accordance with the requirements of the Amended Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco: 1. Amount of Fee The amount of the Fee to be paid in -lieu of dedication of land pursuant to Chapter 19.24 of the Page 4 File Number: 16 -383 Enactment Number: RES 56 -2016 South San Francisco Municipal Code shall be determined by the calculation set forth in Section 19.24.090(a) of the South San Francisco Municipal Code and the following: a. Average Fair Market Value per Acre. For purposes of 19.24.090(a) and (b), the average fair market value of land per acre in the city shall be set at $3,000,000. b. Annual Adjustment. Pursuant to Section 19.24.090(c), the Fee shall be adjusted annually in accordance with the All Urban Consumer Price Index, San Francisco - Oakland -San Jose (AUC -CPI). c. Administrative Fee. Pursuant to Section 19.24.090(c) of the South San Francisco Municipal Code, the administrative fee for implementing the Amended Ordinance and administering the Fees shall be $1500. 2. Application All development projects identified in Section 19.24.050 of the South San Francisco Municipal Code are subject to the dedication of land and Fee requirements. 3. Use of Fees Funds collected pursuant to Chapter 19.24 shall only be used for the purposes outlined in Chapter 19.24 of the South San Francisco Municipal Code. 4. Administrative Guidelines The City Council may, by resolution, adopt administrative guidelines to provide procedures for administrative aspects of the Fees. 5. Effective Date This Resolution shall become effective on the date of adoption of this Resolution. 6. Severabilitv Each component of the Fees and all portions of this Resolution are severable. Should any individual component of the Fee or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the Fee shall be fully effective except as to that component that has been judged to be invalid. 2639568.1 At a meeting of the City Council on 5/11/2016, a motion was made by Liza Normandy, seconded by Richard Garbarino, that this Resolution be approved. The motion passed. Page 5 File Number: 16 -383 Page 6 Enactment,bumber: RES56 -2016