HomeMy WebLinkAboutOrd. 1609-2020 (20-755)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1609-2020
File Number: 20-755 Enactment Number: ORD 1609-2020
ORDINANCE ADOPTING A CHILDCARE IMPACT
FEE FOR THE CITY OF SOUTH SAN FRANCISCO.
WHEREAS, the City Council previously adopted and has kept in effect a Childcare Impact Fee
("Fee") 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 Fee was enacted at chapter 20.310 of the South San Francisco Municipal Code;
and
WHEREAS, in August 2020 a study was prepared for the City by the Matrix Consulting Group,
entitled Development Impact Fee Study, to analyze the current relationship between new development in
the City, the childcare services needed to serve that growth, and the estimated costs of those facilities to
provide those childcare services, and to analyze new development's fair share of childcare infrastructure
costs ("Nexus Study"); and
WHEREAS, the Nexus Study estimates that the City will need to create 2,138 additional childcare
spaces by 2040 to maintain current childcare services standards in the City and estimates that 1,069 of
these needed spaces are expected to be met by traditional childcare facilities funded by the Fee; and
WHEREAS, the Nexus Study further estimates that the total projected cost for to create these
additional 1,069 childcare spaces is $43.5 million; and
WHEREAS, City wishes to update the Fee to better implement the goals contained in the Nexus
Study to maintain existing service levels; 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, the City Council also wishes to create uniformity in the manner in which
development impact fees are codified in the South San Francisco Municipal Code and adjusted
periodically (consistent with their enabling legislation and nexus studies) by resolution; and
WHEREAS, the existing provisions of the Fee in chapter 20.310 of the Municipal Code vary from
this uniform model and procedure for development impact fees, and thus must be amended; and
City of South San Francisco Page 1
File Number: 20-755
Enactment Number: ORD 1609-2020
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
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.
City of South San Francisco Page 2
File Number: 20-755 Enactment Number: ORD 1609-2020
SECTION 2. Amendment of Chapter 20.310
The City Council hereby amends Chapter 20.310 ("Childcare Fee") of Title 20 of the South San
Francisco Municipal Code to read as follows:
Chapter 20.310
20.310.010 Purpose.
20.310.020 Childcare Fee established.
20.310.030 Use of fee revenues.
20.310.040 Appeals.
20.310.010 Purpose.
The purpose of this chapter is to impose a fee on new development based on the projected need for new
or expanded childcare facilities in amounts necessary to fund the new spaces to mitigate the increased
demand for childcare generated by such development.
20.310.020 Childcare fee established.
A. A Childcare Fee is established to pay for new childcare spaces in the City, including spaces
created by constructing new facilities, expanding existing facilities, or occupying leased commercial
space, whether the facilities are operated by a private entity or governmental organization.
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 childcare facilities to be financed,
describe the estimated cost of these facilities, 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.
20.310.030 Use of fee revenues.
Childcare Fee revenue shall be used only for the purposes outlined in this chapter and by resolution,
consistent with the purposes of the Fee.
20.310.040 Appeals.
A developer may appeal the amount of the Childcare 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.
City of South San Francisco Page 3
File Number. 20-755 Enactment Number., ORD 1609-2020
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
23rd day of September 2020.
At a meeting of the City Council on 10/14/2020, a motion was made by Mark Addiego, seconded by
Buenaflor 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
",—
Risa Govea Acosta, City Clerk
Ric and Garbarino, Mayor
City of South San Francisco Page 4