HomeMy WebLinkAboutReso 57-2016 (16-385)City of South San Francisco P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
Resolution: RES 57 -2016
File Number: 16 -385 Enactment Number: RES 57 -2016
RESOLUTION SETTING THE PARKLAND ACQUISITION FEE
AND PARK CONSTRUCTION FEE TO MITIGATE THE
IMPACT OF NEW DEVELOPMENT ON PARK AND
RECREATIONAL FACILITIES PURSUANT CHAPTER 8.67 OF
THE SOUTH SAN FRANCISCO MUNICIPAL CODE.
WHEREAS, parks and recreational 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 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 new
residents;" and
WHEREAS, Goal #1 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, new residential development 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 may adopt and impose a Parkland Acquisition Fee and a Park Construction Fee
("Fees ") to pay for the cost of acquiring and constructing park facilities needed to support new
development under the authority of Sections 66000 et seq. of the California Government Code
( "Mitigation Fee Act"); 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
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File Number: 16 -385
Enactment Number. RES 57 -2016
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, the Fees and charges set by this Resolution are not subject to the requirements of
Article XIIID of the California Constitution ( "Proposition 218 ") concerning property related assessments
and fees pursuant to Apartment Association of Los Angeles County v. City of Los Angeles (2001) 24
CalAth 830, in that such Fees are not applicable to incidents of property ownership, but rather to actual
use of and need for City services and/or facilities; and
WHEREAS, in accordance with Government Code Section 50076, fees and charges that do not
exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged
and which are not levied for general revenue purposes are not special taxes as defined in Article 3.5 of
the Government Code; and
WHEREAS, pursuant to Sections 66001 of the Mitigation Fee Act, the City Council has adopted
an ordinance adding Chapter 8.67 to the City's Municipal Code ( "Ordinance ") establishing a Parkland
Acquisition Fee and a Park Construction Fee to mitigate the impacts caused by new development by
providing for the payment of development impact 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, after a duly noticed public hearing, and such Ordinance
identifies the purpose of the Fees; the use to which the Fees will be put; determines that there is a
reasonable relationship between the use and the type of development projects on which the Fees will be
imposed; determines that there is a reasonable relationship between the need for the public facilities and
the type of development projects on which the Fees are imposed; and establishes the relationship
between the amount of the Fees and the cost of the community facilities or portion of the community
facilities attributable to the development projects upon which the Fees are imposed; and
WHEREAS, the Ordinance states that the average fair market value for land in the City, the
average per acre construction costs in the City, the administrative fees for administering the Fees under
the Ordinance, and the annual adjustment of the Fees will be set by resolution of the City Council; and
WHEREAS, the Finance Director has determined that the annual staff costs associated with
administration of the Fees established by the Ordinance will be approximately $500 per year and each
fee collected under the Ordinance will require three years of administration, which results in an
administrative fee of $1500; 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 as $3,000,000 per acre; and
WHEREAS, the City obtained a professional assessment from Group 4 Architecture, Research +
Planning, Inc. of the average per acre construction costs in the city, which determined that the average
construction costs are $981,250 per acre; and
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File Number: 16 -385
Enactment Number: RES57 -2016
WHEREAS, as market costs naturally fluctuate from year to year, the Fees 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 the proposed Parkland Acquisition Fee and Park
Construction Fee and describes the amounts necessary to fund City park and recreational facilities and a
description of the reasonable relationship between the Fees and the new development requiring such
parkland and park facilities; and
WHEREAS, the Mitigation Fee Act and other applicable law permit, but do not require,
establishing fees, such as the Parkland Acquisition Fee and the Park Construction Fee, for the purpose of
defraying the cost of public facilities and/or services related to development; and
WHEREAS, other means besides development impact fees exist by which cities may provide for
the cost of public facilities and/or services related to development; such other means include, but are not
limited to, economic development activity such as attraction and retention of businesses that are a source
of jobs, tax revenue and other economic and social benefits to the City and community; and
WHEREAS, in accordance with Section 66019 of the Mitigation Fee Act, at least fourteen (14)
days prior to the public hearing at which the 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
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 Ordinance; and
WHEREAS, ten (10) days advance notice of the public hearing at which the Ordinance was
considered was given by publication in accordance with Government Code Section 6062a; and
WHEREAS, the text of this Resolution was included in the record at the public hearing at which the
Ordinance was considered; and
WHEREAS, the action taken by the Ordinance and this Resolution 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
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File Number: 16 -385 Enactment Number: RES 57 -2016
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
Fees and/or charges may have a significant effect on the environment; and
WHEREAS, pursuant to the Mitigation Fee Act, the City seeks to adopt this Resolution to set the
Fees under the Ordinance in order to mitigate the impacts caused by new development by providing for
the payment of development impact 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 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 Council approves and adopts the Fee Study; and the City Council
further finds that the future development in the City will generate the need for the park and recreational
facilities necessitating adoption of the Ordinance and this Resolution.
B. The City currently provides park and recreational facilities to the community and the fees set
forth in the 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 Parkland Acquisition Fee and Park Construction
Fee established under the 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. In adopting the Ordinance and this Resolution, the City Council is exercising its powers under
Article XI, § §5 and 7 of the California Constitution, Chapter 5 of Division 1 of the Government Code
( "Mitigation Fee Act"), commencing with Section 66000, collectively and separately.
D. The Record establishes:
1. In accordance with Section 66001, subdivision a, paragraph 1 of the Mitigation Fee Act, the purpose
of the Parkland Acquisition Fee and Park Construction Fee, set forth in the Ordinance and this
Resolution, as specified in Chapter III of the Fee Study, is to provide funding to achieve the City's goal
of maintaining existing service levels and to ensure adequate park and recreational facilities are provided
in the future to meet the needs of South San Francisco residents as established in the General Plan and
Parks and Recreation Master Plan. Standards for the desired level of parks and recreational facilities
have been identified which have been used as the basis to establish the Fees under the Ordinance and this
Resolution.
2. In accordance with Section 66001, subdivision a, paragraph 2 of the Mitigation Fee Act, the Fees
collected pursuant to this Resolution shall be used to acquire parkland construct park and recreational
facilities at the levels identified in the General Plan, Parks and Recreation Master Plan and the Fee
Study.
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File Number: 16 -385
Enactment Number: RES57 -2016
3. In accordance with section 66001, subdivision a, paragraph 3 of the Mitigation Fee Act, there is a
reasonable relationship between the Fees' use (to pay for acquisition of parkland and construction of
park and recreational facilities) and the type of development for which the Fees are imposed in that the
Fees will be applied to residential development in the city, which will generate demands for park and
recreational facilities.
4. In accordance with Section 66001, subdivision a, paragraph 4, there is a reasonable relationship
between the need for the parkland acquisition and park construction and the types of development
projects on which the Fees are imposed in that the Fees will be applied to new residential development in
the city, which will attract new residents that will place a greater demand on park and recreational
facilities.
5. In accordance with Section 66001, subdivision b of the Mitigation Fee Act, there is a reasonable
relationship between the amount of the Fees and the cost of providing the parkland and park and
recreational facilities attributable to the development in the city upon which the Fees are imposed in that
the Fees have been calculated by apportioning the cost of parkland acquisition and park facilities
construction to the number of residents attracted by each type of new residential unit.
6. The cost estimates set forth in the Fee Study are reasonable estimates for acquiring parkland and
constructing park and recreational facilities and the Fees expected to be generated by future development
will not exceed the projected cost of acquiring parkland and constructing park and recreational facilities.
7. The method of allocation of the Fees to particular developments bears a fair relationship and is
roughly proportional to each development's burden on and benefits from the park and recreational
facilities to be funded by the Fees, in that the Fees are calculated based on the number of residents each
particular development will attract.
8. 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.
9. The Fees are consistent with the General Plan and pursuant to Government Code Section 65913.2,
the City Council has considered the effects of the Fees with respect to the City's housing needs as
established in the housing element of the General Plan.
10. The Fee amounts set forth in this Resolution include the fair and reasonable costs of administration
for the Fee programs as determined by the Finance Director and are within the requirements of the
Mitigation Fee Act and other applicable law.
11. 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).
12. 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 Ordinance.
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File Number: 16 -385
Enactment Number: RES57 -1016
13. The average per acre construction costs in the city as set by this Resolution is a fair and reasonable
calculation of such construction as determined by a qualified architecture or construction firm in
accordance with the requirements of the Ordinance
NOW, THEREFORE,
BE IT FURTHER RESOLVED by
the City Council
of the City of South San
Francisco:
Consumer Price Index,
San Francisco -
Oakland -San Jose (AUC -CPI).
1. Parkland Acquisition and Park Construction Fee Imposed
Pursuant to the Mitigation Fee Act and Chapter 8.67 of the South San Francisco Municipal Code, a
Parkland Acquisition Fee and Park Construction Fee shall be imposed and paid at the times and in the
amounts and otherwise apply and be administered as prescribed in this Resolution and the Ordinance on
each type of development set forth in Ordinance.
2. Amount of Fees
a. Parkland Acquisition Fee. The amount of the Parkland Acquisition Fee shall be determined by the
calculation set forth in Section 8.67.060(b) of the South San Francisco Municipal Code and the
following:
i. Average Fair Market Value per Acre. For purposes of Section 8.67.060(b) and (d), the average
fair market value of land per acre in the city shall be set at $3,000,000.
ii. Annual Adjustment.
Pursuant to Section 8.67.060(g),
the
Fee shall be adjusted annually in
accordance with the All Urban
Consumer Price Index,
San Francisco -
Oakland -San Jose (AUC -CPI).
b. Park Construction Fee. The amount of the Park Construction Fee shall be determined by the
calculation set forth in Section 8.67.060(c) of the South San Francisco Municipal Code and the
following:
i. Average Construction Cost per Acre. Pursuant to Section 8.67.060(e), the average construction
cost per acre in the city shall be set at $981,250.
ii. Annual Adjustment. Pursuant to Section 8.67.060(g), 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 8.67.060(1) of the South San Francisco Municipal Code, the
administrative fee for implementing the Ordinance and administering the Fees shall be $1500.
3. AWlication
All development projects identified in Section 8.67.050 of the South San Francisco Municipal Code are
subject to the Parkland Acquisition Fee and Park Construction Fee.
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File Number: 16 -385
4. Use of Fees
Enactment Number: PES 57 -2116
Funds collected
pursuant
to the Parkland Acquisition Fee
and the Park
Construction shall
only be used
for the purposes
outlined
in Section 8.67.070 of the South
San Francisco
Municipal Code.
5. Periodic Review
a. During each fiscal year, the City Manager, or his designee, shall prepare a report for the City
Council, pursuant to Government Code Section 66006, identifying all information required by Section
66006, including the balance of all Fee revenues in the Fee accounts.
b. Pursuant to Government Code Section 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 park acquisition and park facilities construction to be financed with the Fees.
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 sand the purpose for which it
is charged.
6. Administrative Guidelines
The City Council may, by resolution, adopt administrative guidelines to provide procedures for
administrative aspects of the Fees.
7. Effective Date
This Resolution shall become effective on the date of adoption of this Resolution. In accordance with
Government Code Section 66017, the Fees set by this Resolution shall be effective 60 days from the
effective date of this Resolution.
8. Severability.
Each component of the Fees and all portions of this Resolution are severable. Should any individual
component of the Fees 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 Fees shall be
fully effective except as to that component that has been judged to be invalid.
2639182.1
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File Number: 16 -385 Enactment Number: RES 57 -2016
At a meeting of the City Council on 5/11/201
Garbarino, that this Resolution be a2ffoove
Attest by
mmtion was made by Liza Normandy, seconded by Richard
motion passed.