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HomeMy WebLinkAboutOrd. 1612-2020 (20-825)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1612-2020 File Number: 20-825 Enactment Number: ORD 1612-2020 ORDINANCE AMENDING CHAPTER 8.67 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING THE PARKLAND ACQUISITION FEE AND THE PARK CONSTRUCTION FEE FOR SOUTH SAN FRANCISCO. WHEREAS, the City Council adopted ordinances in 2016, 2017 and 2018 amending the South San Francisco Municipal Code to adopt a Parks and Recreation Impact Fee with two components, a Parkland Acquisition Fee and a Park Construction Fees ("Fees"), under the authority of Sections 66000 et seq. of the California Government Code ("Mitigation Fee Act") that applies to residential and non-residential development projects in the City; and WHEREAS, the purposes, application, calculation, timing of payment, and permitted uses of the Fees are set forth in chapter 8.67 of the South San Francisco Municipal Code; and WHEREAS, the City Council wishes to modify the timing of payment for the Fees to align with other development impact fees collected by the City of South San Francisco; and WHEREAS, the City Council wishes also to adjust the amount of the Fees, as justified by the 2016 and 2019 nexus studies supporting the Fees, which the City Council shall do by resolution modifying the discount factor applied to the Fees, as permitted by Municipal Code section 8.67.060(k); 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 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, 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 City of South San Francisco Page 1 File Number: 20-825 Enactment Number: ORD 1612-2020 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, in accordance with Section 66016 of the Mitigation Fee Act, at least ten (10) days prior to the public hearing at which this Ordinance was introduced, the Nexus Study was made available to the public for review; 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 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. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. Findings The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2. Amendment of Chapter 8.67 The City Council hereby amends the following sections of Chapter 8.67 ("Parks and Recreation Impact Fee") of Title 8 of the South San Francisco Municipal Code, to read as follows, with other sections to remain unchanged: 8.67.040 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 Section 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. City of South San Francisco Page 2 File Number. 20-825 Enactment Number. ORD 1612-2020 (c) The parkland acquisition fee and park construction fee shall be charged to and paid by each development subiect to the fees, as follows: (1) Non-residential development. The fees shall be charged and paid for a non-residential development when the building permit is issued for construction of such building or structure 2) Single family residential development. The fees shall be charged and paid for any single family residential development (constructed or to be constructed on land with a dwelling unit designed for occupancyby one household and located on a separate lot from any other unit) upon the date of final inspection or issuance of the certificate of occupancy, whichever occurs first. 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 improvements for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building_ permit for such residential development then the fees shall be charged and paid upon issuance of the building permit for such development With respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine 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 a (3) Multi -Family development. For any residential development not included in sub -section (2) above, the fees shall be charged and paid for on a lump -sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first 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 improvements for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development then the fees shall be charged andap id upon issuance of the building permit for such development With respect to a residential development proposed by a nonprofit housing developer in which at least fortv-nine percent of the total units are reserved for occupancyby lower income City of South San Francisco Page 3 MIR •• • - •A •• (c) The parkland acquisition fee and park construction fee shall be charged to and paid by each development subiect to the fees, as follows: (1) Non-residential development. The fees shall be charged and paid for a non-residential development when the building permit is issued for construction of such building or structure 2) Single family residential development. The fees shall be charged and paid for any single family residential development (constructed or to be constructed on land with a dwelling unit designed for occupancyby one household and located on a separate lot from any other unit) upon the date of final inspection or issuance of the certificate of occupancy, whichever occurs first. 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 improvements for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building_ permit for such residential development then the fees shall be charged and paid upon issuance of the building permit for such development With respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine 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 a (3) Multi -Family development. For any residential development not included in sub -section (2) above, the fees shall be charged and paid for on a lump -sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first 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 improvements for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development then the fees shall be charged andap id upon issuance of the building permit for such development With respect to a residential development proposed by a nonprofit housing developer in which at least fortv-nine percent of the total units are reserved for occupancyby lower income City of South San Francisco Page 3 File Number. 20-825 Enactment Number., ORD 1612-2020 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. SECTION 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. 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 thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 14th day of October 2020. At a meeting of the City Council on 10/28/2020, a motion was made by Vice Mayor Addiego, seconded by Councilmember Nicolas, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember Nicolas, and Councilmember Matsumoto Attest by V 0 Atw osa Govea Acosta, City Clerk )9'/WpLiz, Richard Garbarino, Mayor City of South San Francisco Page 4