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HomeMy WebLinkAboutOrd. 1607-2020 (20-754)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1607-2020 File Number: 20-754 Enactment Number: ORD 1607-2020 ORDINANCE ADOPTING A CITYWIDE TRANSPORTATION IMPACT FEE FOR THE CITY OF SOUTH SAN FRANCISCO. WHEREAS, new development projects attract new residents, visitors, and employees to the City, and generate increased transportation needs; and WHEREAS, Implementing Policy 4.2-I-7 of the City's General Plan provides that the City should "[c]ontinue to require that new development pays a fair share of the costs of street and other traffic and transportation improvements, based on traffic generated and impacts on service levels"; and WHEREAS, Implementing Policy 4.2-I-7 of the City's General Plan provides that the City should "[e]xplore the feasibility of establishing impact fee, especially for improvements required in the Lindenville area"; and WHEREAS, Implementing Policy 4.2-I-8 of the City's General Plan provides that the City should "[d]evelop and implement a standard method to evaluate the traffic impacts of individual development"; and WHEREAS, Implementing Policy 4.2-I-7 of the City's General Plan provides that the City should "Where appropriate, consider upfronting portions of improvement costs where the City's economic development interests may be served"; and WHEREAS, in 2007, the City adopted Resolution No. 84-2007 imposing an East of 101 Traffic Impact Fee ("East of 101 Fee") to pay for the cost of transportation infrastructure needed to support new development in the East of 101 area of the City under the authority of Sections 66000 et seq. of the California Government Code ("Mitigation Fee Act"); and WHEREAS, in 2017, the City adopted Ordinance No. 1539 imposing a Bicycle and Pedestrian Impact Fee ("Bike and Pedestrian Fee") to pay for the cost of maintaining bicycle and pedestrian infrastructure levels and providing adequate bicycle and pedestrian improvements needed to support new development citywide under the Mitigation Fee Act; and WHEREAS, these existing fees have helped address specific needs in the City, their reach is limited geographically (East of 101 Fee) or by type of transportation (Bicycle and Pedestrian Fee), and the City has experienced an increased need for a range of multimodal transportation improvements in all areas of the City; and City of South San Francisco Page 1 File Number. 20-754 Enactment Number: ORD 1607-2020 WHEREAS, in August 2020 a study was prepared for the City by the Matrix Consulting Group, entitled Development Impact Fee Study ("Nexus Study"), to analyze the relationship between new development in the City, the transportation improvements and facilities needed to serve that growth, and the estimated costs of those improvements and facilities, and to analyze new development's fair share of transportation improvement costs; WHEREAS, the calculations associated with a proposed Transportation Impact Fee in the Nexus Study were performed by DKS Associates, as described in detail in Appendix D of the Nexus Study; and WHEREAS, the Nexus Study has identified $160.8 million in transportation infrastructure improvements -such as roads, sidewalks, traffic lights, bicycle lanes and pathways, curbs and gutters, and medians -caused by new development throughout the City; and WHEREAS, the City seeks to mitigate these transportation impacts caused by new development and to allow the City to recover approximately $33.7 million in costs associated with new development by providing for the payment of the citywide Transportation Impact Fee; and WHEREAS, the City further wishes to adopt the Transportation Impact Fee to better implement the goals contained in the General Plan and Nexus Study, including establishing fee amounts and the improvements and facilities to be constructed with fee revenue; and WHEREAS, the City has determined that, by developing a citywide Transportation Impact Fee, it will spread the cost of citywide transportation needs over the entire City limits and thus will ensure that transportation impacts felt throughout the City are accounted for, rather than only accounting for impacts sustained in the East of 101 geographic area; and WHEREAS, the City has also determined that, by developing a citywide Transportation Impact Fee, it will also account for the range of multimodal transportation needs that encompass but also exceed the need for improvements related to bicycle and pedestrian traffic only; and WHEREAS, the City wishes to eliminate the East of 101 and Bicycle and Pedestrian Impact Fees, as applied to new development projects not yet approved by the City, and replace the existing fees with the citywide Transportation Impact Fee; and WHEREAS, the City further wishes to ensure that, even though the East of 101 and Bicycle and Pedestrian Impact Fees will be phased out, the revenues collected under those fees continue to serve the purposes for which those fees were collected; 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 City of South San Francisco Page 2 File Number: 20-754 Enactment Number: ORD 1607-2020 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 City will adopt a separate resolution to set the Fee at rates consistent with the Nexus Study and this Ordinance; 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, 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 to Chapter 8.68 The City Council hereby amends Section 8.68.050 of Chapter 8.68, Title 8, of the South San Francisco Municipal Code to read as follows (with additions indicated in italics): City of South San Francisco Page 3 File Number: 20-754 8.68.050 Application of bicycle and pedestrian impact fee. Enactment Number: ORD 1607-2020 All residential and nonresidential development projects shall be required to pay the bicycle and pedestrian impact fee established pursuant to this chapter, unless subject to the transportation impact fee provided for in Chapter 8.73. SECTI®N 3. Adoption of Chapter 8.73 The City Council hereby adopts Chapter 8.73 ("Transportation Impact Fee") of Title 8 of the South San Francisco Municipal Code to read as follows: Chapter 8.73 8.73.010 Purpose. 8.73.020 Transportation Impact Fee established. 8.73.030 Use of fee revenues. 8.73.040 Effect on East of 101 and Bicycle and Pedestrian Impact Fees. 8.73.050 Appeals. 8.73.010 Purpose. The City Council finds and determines that public improvements and facilities must be constructed to accommodate the increased travel demand of new development projected within South San Francisco while maintaining current service standards, to reduce the transportation -related impacts caused by this new development, and to implement the transportation -related goals contained in the General Plan. The purpose of the Transportation Impact Fee is to finance these public improvements and facilities, and for each new development to pay its fair and proportional share of the improvements. 8.73.020 Transportation impact fee established. A. A citywide Transportation Impact Fee is established to pay for transportation improvements. B. The City Council shall, in a resolution adopted after a duly noticed public hearing, set forth the amount of the fee, describe the need for the fee, list the types of transportation improvements to be financed, describe the estimated cost of these improvements, describe the reasonable relationship between the fee and the various types of future development, and set forth time for calculation and payment of the fee. City of South San Francisco Page 4 File Number: 20-754 8.73.030 Use of fee revenues. Enactment Number., ORD 1607-2020 Transportation Impact Fee revenue shall be used only for the purposes outlined in this chapter and by resolution, consistent with the purposes of the Fee. 8.73.040 Effect on East of 101 Traffic Fee and Bicycle and Pedestrian Impact Fee. Following adoption of this chapter and the implementing resolution provided in section 8.73.020, any project subject to the citywide Transportation Impact Fee shall be exempt from the East of 101 Impact Fee adopted in Resolution No. 84-2007, or the Bicycle and Pedestrian Impact Fee chapter 8.68, Resolution No. 84-2007. Notwithstanding the above, if a court of competent jurisdiction declares the citywide transportation impact fee to be invalid or otherwise prevents the City from collecting this fee following the fee becoming effective, all projects shall remain subject to all of the requirements of Chapter 8.68 and, if applicable, of Resolution No. 84-2007 or Paragraph F.3 of Section 20.260.006. 8.73.050 Appeals. A developer may appeal the amount of the transportation impact fee due in writing to the City Manager with supporting documentation. The City Manager shall consider the appeal and shall make a decision on the appeal. The decision of the City Manager shall be final. SECTION 4. 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 5. 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. City of South San Francisco Page 5 File Number: 20-754 Enactment Number: ORD 1607-2020 Introduced at a regular meeting of the City Council of the City of South San Francisco held the 23' day of September 2020. At a meeting of the City Council on 10/14/2020, 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 L osa Govea Acosta, City Clerk Richard Garbarino, Mayor City of South San Francisco Page 6