HomeMy WebLinkAboutOrd. 1520-2016 S..14y City of South San Francisco
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n Grand Avenue)
South San Francisco,CA
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Ordinance: ORD 1520-2016
File Number: 16-382 Enactment Number: ORD 1520-2016
ORDINANCE ADDING CHAPTER 8.67 TO THE SOUTH
SAN FRANCISCO MUNICIPAL CODE REQUIRING THE
PAYMENT OF A PARKLAND ACQUISITION FEE AND
PARK CONSTRUCTION FEE TO MITIGATE THE IMPACTS
OF NEW DEVELOPMENTS ON PARK AND
RECREATIONAL FACILITIES IN THE CITY
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
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File Number: 16-382 Enactment Number: ORD 1520-2016
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, the Fees and charges established by this ordinance 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 Ca1.4th 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 proposes to
adopt this 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 provides 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; such resolution will be prepared and adopted separately from this Ordinance; 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
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File Number: 16-382 Enactment Number: ORD 1520-2016
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 Ordinance 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 City 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 action taken by the 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 Fees 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 Fees and/or charges
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may have a significant effect on the environment; and
WHEREAS, the City Council of the City of South San Francisco finds as follows:
A. After considering the Fee Study, the testimony received at the noticed public meeting at
which the Ordinance was 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 the future development in the City will generate the need for the park and
recreational facilities necessitating adoption of the Ordinance.
B. The City currently provides park and recreational facilities to the community and the Fees
set forth in the Ordinance 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 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, 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, 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.
2. In accordance with Section 66001, subdivision a, paragraph 2 of the Mitigation Fee Act, the Fees
collected pursuant to this Ordinance 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.
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
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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 facilities construction funded by the Fees and
the types of development projects on which the Fees are imposed in that the Fees will be applied to
new residential development projects 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 projects 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 parkland acquisition
and park and recreational facilities construction 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.
WHEREAS, pursuant to the Mitigation Fee Act, the City seeks to adopt this Ordinance 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, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
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File Number: 16-382 Enactment Number: ORD 1520-2016
SECTION 1. Amendments
The City Council hereby adds Chapter 8.67 to the South San Francisco Municipal Code to read
as follows. Sections and subsections that are not amended by this Ordinance are not included below,
and shall remain in full force and effect.
Chapter 8.67 Parks and Recreation Impact Fee Ordinance
8.67.010 Purpose.
8.67.020 Parkland acquisition fee and park construction fee findings.
8.67.030 Relation of parkland and park improvements to population density.
8.67.040 Parkland acquisition fee and park construction fee
established/Timing of payment.
8.67.050 Application of parkland acquisition fee and parks and recreation construction
fee.
8.67.060 Calculation of the parkland acquisition fee and park construction fee.
8.67.070 Use of parkland acquisition fee and park construction fee.
8.67.010 Purpose.
The City Council finds and determines that in order to provide sufficient funding to achieve the
City's goal of maintaining park service levels and providing adequate parks and recreational services
and facilities to residents of the city, in accordance with the standards established in the General
Plan, Parks and Recreation Master Plan, and other applicable plans and regulations, development
projects identified in Section 8.67.050 below shall pay a Parkland Acquisition Fee and a Park
Construction Fee as outlined in this Chapter, in order to mitigate the impacts of these development
projects on parks and recreational services and facilities in the city.
(a) The specific purpose of the Parkland Acquisition Fee is to mitigate the impact of
development projects by collecting sufficient funds to acquire property in the city and provide three
acres of parkland per 1,000 residents.
(b) The specific purpose of the Park Construction Fee is to mitigate the impact of development
projects on park facilities by collecting sufficient funds to construct adequate park facilities and
improvements in the city and provide three acres of improved parkland per 1,000 residents.
Parkland acquisition fee and park construction fee findings.
(a) Parkland Acquisition Fee. The City Council finds and determines that:
There is a reasonable relationship between the Parkland Acquisition Fee and
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File Number: 16-382 Enactment Number: ORD 1520-2016
type of development projects to which the fee is imposed because the residential development
projects that are the subject to the fee outlined in this chapter will place additional demands on park
and recreational facilities in the city. The parkland acquired with the proceeds of this fee will
address and mitigate the additional impacts created by these development projects.
There is a reasonable relationship between the need for the additional parkland and the type of
development projects subject to the fees outlined in this chapter because these development projects
will attract additional residents to the city that will place a greater demand on park and recreational
land. The parkland acquired with the proceeds of this fee will serve those new residents.
There is a reasonable relationship between the amount of the fee and the cost of providing the
parkland attributable to the types of development upon which the fee is imposed because, pursuant
to Section 8.67.070 below, the fee is calculated by apportioning the cost of acquiring the required
additional parkland to the number of residents projected to reside in each type of new residential
unit.
(b) Parks Construction Fee. The City Council finds and determines that:
There is a reasonable relationship between the Park Construction Fee and the type of development
projects to which the fee is imposed because the residential development projects that are subject to
the fee outlined in this chapter will place additional demands on park and recreational facilities in
the city and the park facilities constructed with the proceeds of the fee will address and mitigate the
additional impacts created by these development projects.
There is a reasonable relationship between the need for the additional park facilities and the type of
development projects subject to the fee outlined in this Chapter because these development projects
will attract additional residents to the city that will place a greater demand on parks and recreational
facilities and the park facilities constructed with the proceeds of this fee will serve those new
residents.
There is a reasonable relationship between the amount of the fee and the cost of providing the parks
and recreational facilities attributable to the type of developments upon which the fee is imposed
because, pursuant to Section 8.67.070 below, the fee is calculated by apportioning the cost of
constructing the additional park facilities to the number of residents projected to reside in each type
of new residential unit.
8.67.030 Relation of parkland and improvements to population density.
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File Number: 16-382 Enactment Number.• ORD 1520-2016
The City Council finds and determines that the public interest, convenience, health, welfare, and
safety require that three acres of property and improvements, for each 1,000 persons residing within
the city, be devoted to parks and recreational purposes.
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 sections 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.
(c) The Parkland Acquisition Fee and Park Construction Fee shall be charged to and paid by
each development subject to the fees upon the date of final inspection or issuance of the certificate
of occupancy for the development, whichever is earlier. 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
acquisition of parkland or construction of facilities for which an account has been established and
funds appropriated, and for which the City has adopted a proposed acquisition and/or construction
schedule prior to issuance of the building permit for such development projects, then the fee or fees
shall be charged and paid upon issuance of the building permit for such development. However, with
respect to a residential development proposed by a nonprofit housing developer in which at least 49
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 apply.
Application of parkland acquisition fee and parks and recreation construction fee.
The following types of developments shall be required to pay the Parkland Acquisition Fee and
Park Construction Fee established pursuant to this Chapter:
(a) Subdivisions with fewer than five (5) parcels that are not otherwise required to dedicate land
or pay in-lieu fees pursuant to Sections 19.24.030 through 19.24.110;
(b) Multi-family residential rental development projects;
(c) Development on existing residential lots that have not previously dedicated land or paid fees
pursuant to Chapter 19.24.
(d) Any other residential development project that is not otherwise required to dedicate land or
pay an in-lieu fee pursuant to Section 19.24.030 through 19.24.110
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8.67.060 Calculation of the parkland acquisition fee and park construction fee.
(a) In calculating the Parkland Acquisition Fee pursuant to subsection (b) and Parks Construction
Fee pursuant to subsection (c) of this section, the City will use the data contained in Formula Table
8.67.060(a)below.
Parkland Acquisition and Parks and Recreation Improvements Formula Table 8.67.060(a)
Jnits in Structure Acres per Resident Average Residents per Unit Parkland Acres Required
per Unit/Parks and Recreation Improvements Required per Unit
(single-family residential unit).003 3.45 .01035
to 4 (duplex to four-plex) .003 2.98 .00894
to 19 .003 2.53 .00759
0 to 49 .003 2.04 .00612
0 or more .003 1.78 .00534
4obile Home .003 2.65 .00795
(b) Parkland Acquisition Fee. The Parkland Acquisition Fee shall be calculated by multiplying
the number of units in a development by the average number of residents per unit as shown in
Formula Table 8.67.060(a) above, then by .003 (equal to three acres per 1,000 residents), then by the
average fair market value (FMV) per acre of land in the city, reduced by a factor of.50. The average
FMV per acre of land in the city shall be determined pursuant to subsection (d)below.
Formula 8.67.060 (b)
-Units in Development X Average Residents per Unit X .003 (3 acres/ 1,000 people) X
Average FMV per acre X .50 = Parkland Acquisition Fee
(c) Park Construction Fee. The Park Construction Fee shall be calculated by multiplying the
number of units in the development by the average number of residents per unit as shown in
Formula Table 8.67.060(a) above, then by .003 (equal to three acres per 1,000 residents), then by the
average construction cost per acre, reduced by a factor of.50. The average cost of construction per
acre in the city shall be determined pursuant to subsection (e)below.
Formula 8.67.060 (c)
-Units in Development X Average Residents per Unit X .003 (3 acres/ 1,000 people) X
Average Construction Cost per acre X .50 = Parks and Recreation Construction Fee
(d) Determining Average Fair Market Value per Acre. In order to determine the fair market of
land per acre for purposes of this Chapter, the City will obtain a written appraisal from a qualified
appraiser assessing the average fair market value of land per acre in the city of South San Francisco.
Such appraisal setting the fair market value of land in the city shall be approved by resolution of the
City Council. A new appraisal may be periodically conducted to reflect changes in the real estate
market; provided, however, that such appraisal may not be conducted more than once per year.
(e) Determining Average Construction Cost per Acre. In order to determine the
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average hard and soft construction costs per acre, the City will obtain an estimate of these costs from
a qualified architecture or construction firm. Such estimate setting the average construction cost per
acre shall be approved by resolution of the City Council. A new estimate may be periodically
conducted to reflect changes in the cost of construction; provided, however, that such estimate may
not be conducted more than once per year.
(f) Administrative Fee. The City may collect a reasonable administrative fee to cover the cost of
administering the program described in this Chapter, as determined by the Finance Director and
approved by resolution of the City Council.
(g) Annual Adjustment. Fees paid pursuant to this section may be adjusted annually in
accordance with the All Urban Consumers Consumer Price Index, San Francisco-Oakland-San Jose
(AUC-CPI). Such annual adjustment shall be approved by resolution of the City Council.
8.67.070 Use of parkland acquisition fee and park construction fee.
The Parkland Acquisition Fee and the Park Construction Fee funds shall only be used for the
purposes outlined in this Chapter and to further the requirements outlined below:
(a) Parkland Acquisition Fee. The Parkland Acquisition Fee shall be used for purpose of
acquiring sufficient acreage to provide three acres of parkland per 1,000 residents of the city.
(b) Parks Construction Fee. The Park Construction Fee shall be used for the purpose of
constructing parks and recreation facilities and to provide adequate facilities on three acres of
parkland per 1,000 residents of the city.
SECTION 2. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is
held invalid or unconstitutional, the remainder of this Ordinance, including the application of such
part or provision to other persons or circumstances, shall not be affected thereby and shall continue
in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of
the City of South San Francisco hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
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 City Council meeting at
which this Ordinance is scheduled to be adopted, the City Clerk shall (1)publish the
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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. In accordance
with Government Code Section 66017, the Fees set by this Ordinance shall be effective 60 days
from the effective date of this Ordinance.
2635292.1
* * *
Introduced at a regular meeting of the City Council of the City of South San Francisco,held the 27th day of April,
2016.
At a meeting of the City Council on 5/11/2016,a motion was made by Liza Normandy,seconded by Richard
Garbarino,that this Ordinance be adopted.The motion passed.
Attest by 41
Krista -11i
Mayor .rk Addiego
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