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HomeMy WebLinkAboutOrd. 1550-2018 (18-47)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1550 -2018 File Number: 18 -47 Enactment Number: ORD 1550 -2018 ORDINANCE AMENDING CHAPTER 8.67 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE REVISING THE METHOD OF CALCULATION FOR THE PARKLAND ACQUISITION FEE AND A PARKS CONSTRUCTION FEE FOR NON - RESIDENTIAL DEVELOPMENT. 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 aim to provide three acres of parks and recreational facilities per 1,000 residents; and WHEREAS, the City General Plan and Parks and Recreation Master Plan also aim to provide one -half acres of parks and recreational facilities per 1,000 employees; and WHEREAS, Guiding Policy 5.1 -G -1 of the City's General Plan provides that the City should "develop 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 "maintain parkland standards of 3.0 acres of community and neighborhood parks per 1,000 new residents, and 0.5 acres of parkland per 1,000 new employees;" 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 0.5 acres of parkland per 1,000 new employees"; and WHEREAS, in 2016 the City contracted with the Municipal Resources Group (MRG) to analyze the relationship between new development in the City and the cost of public facilities to serve that growth and determined that there is a reasonable nexus between the proposed Parkland Acquisition Fee and Park Construction Fee and the types of new development that will be responsible for paying the fee (Park Land Acquisition and Park Construction Fees Report 2016, hereafter "Study "); and City of South San Francisco Page 1 File Number. 18 -47 Enactment Number: ORD 1550 -2018 WHEREAS, new non - residential development projects attract new employees 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 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, in accordance with Section 66019 of the Mitigation Fee Act, at least fourteen (14) days prior to the public hearing at which this Ordinance was introduced, notice of the time and place of the hearing was mailed to interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS, ten (10) days advance notice of the public hearing at which this Ordinance was introduced was given by publication in accordance with Government Code Section 6062a; and 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 and employees; and WHEREAS, the action taken by this 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 updated fees and/or charges may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. Amendments The City Council hereby amends Chapter 8.67 to the South San Francisco Municipal Code to read as follows and finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 8.67.060 Calculation of the parkland acquisition fee and park construction fee. City of South San Francisco Page 2 File Number: 18 -47 Enactment Number: ORD 1550 -2018 (d) Parkland Acquisition Fee for Non - Residential Development. The Parkland Acquisition Fee for non - residential development shall be calculated by multiplying the total square feet of the development divided by 1,000, by the average number of employees per 1,000 square feet shown in Formula Table 8.67.060 (b) above, then by .0005 (equal to 0.5 acres per 1,000 employees), then by the average fair market value (FMV) per acre of land in the city, reduced by a factor of .75. The average FMV per acre of land in the city shall be determined pursuant to subsection (f) below Formula 8.67.060 (d) -Total square feet / 1,000 square feet X Average number of employees per 1,000 square feet X .0005 (0.5 acres per 1,000 employees) X Average FMV per acre of land X .25 = Parkland Acquisition Fee for Non - Residential Development (e) Park Construction Fee for Non - Residential Development. The Park Construction Fee for non - residential development shall be calculated by multiplying the total square feet of the development divided by 1,000, by the average number of employees per 1,000 square feet shown in Formula Table 8.67.060 (b) above, then by .0005 (equal to 0.5 acres per 1,000 employees), then by the average construction cost per acre of land in the city, reduced by a factor of .75. The average construction cost per acre of land in the city shall be determined pursuant to subsection (g) below. Formula 8.67.060 (e) -Total square feet / 1,000 square feet X Average number of employees per 1,000 square feet X .0005 (0.5 acres per 1,000 employees) X Average Construction Cost per acre of land X .25= Park - Construction Fee for Non - Residential Development 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 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 sixty (60) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 10th day of January, 2018. City of South San Francisco Page 3 File Number. 18 -47 Enactment Number: ORD 1550 -2018 At a meeting of the City Council on 1/24/2018, a motion was made by Richard Garbarino, seconded by Pradeep Gupta, that this Ordinance be adopted. The motion passed. Yes: 4 Mayor Normandy, Councilmember Garbarino, Councilmember Gupta, and Councilmember Addiego No: 1 Mayor Pro T,Yfi Matsumoto Attest Mayor City of South San Francisco Page 4