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CC Resolution 2013-006 DIF StudyRESOLUTION N0. 2013 - 006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 2008 -061, RELATING TO DEVELOPMENT IMPACT FEES WHEREAS, the City of La Quinta was incorporated in 1982; and WHEREAS, since its incorporation, the City has been and continues to experience significant development activity in the form of applications and proposals for new residential and commercial land development within the City; and i WHEREAS, there is a lack of public improvements and facilities, including a deficiency in public safety facilities, and the City is responsible for maintaining an appropriate level of service to the present and future citizens of La Quinta; and WHEREAS, the City's existing circulation system is inadequate to handle current and future traffic patterns and it is essential to widen City streets, which have inadequate width, improve the circulation system to accommodate an anticipated increase in traffic, and improve and develop bridges and traffic signals suitable for traffic flow and to minimize conflicts between vehicle, bicycle, and pedestrian movement; and j WHEREAS, the continued and cumulative development of the City, with the consequent increase in population and demand for the use, of public facilities, will impose increased requirements for such facilities, including but not limited to fire stations, park and recreation facilities, major thoroughfares; and bridges and traffic signalization, public safety facilities and other public buildings directly from new development and the need cannot be met and financed from ordinary City revenues; and WHEREAS, the most practicable and equitable method of paying for such needed facilities is to impose a fee upon new development within the City and the payment of such a fee enables the City to fund a construction program to provide such public facilities as they are required and demanded; that when a development pays the Development Impact Fee established by this policy, the City Council will be able to find that all necessary public facilities and services will be available concurrent with the need and, in the event such finding cannot be made, the City Council will be required to disapprove the development as being inconsistent with the General Plan; and WHEREAS, in 1989 the California Statute took effect, which governs the Resolution No. 2013 -006 Development Impact Fees Adopted: February 5, 2013 Page 2 establishment, increase, and imposition of fees levied by local agencies as a condition of development project approval "for the purpose of defraying all or a portion of the cost of public facilities related to the development project "; and WHEREAS, public facilities are defined in the statute to include "public improvements, public services, and community amenities "; and WHEREAS, these requirements are found in the Mitigation Fee Act (Government Code Sections 66000 at seq.) and are commonly known as "AB1600" requirements after the 1987 Assembly Bill in which they originated; and WHEREAS, pursuant to Section 66001, an agency establishing, increasing or imposing impact fees must make findings to: 1. Identify the purpose of the fee; 2. Identify the use of the fee; 3. Determine that there is a reasonable relationship between: a. The use of a fee and the type of development on which it is imposed; b. The need for the facility and type of development on which the fee is imposed; C. The amount of the fee and the public facility cost attributable to the development on which the fee is imposed; and WHEREAS, the City Charter provides authority to the City to regulate all municipal affairs under Article 1 Section 100; and WHEREAS, the adoption of this fee program and procedures as set out in this resolution is found to be a matter of local concern to implement in a timely manner public infrastructures; and WHEREAS, the City in 1999 conducted studies relative to future community infrastructure needs; the funds necessary to meet said capital improvement needs; and the relationship between those needs and future development; and based upon said studies and reports, the City Council adopted Resolution No. 99 -80; and WHEREAS, the 1999 Development Impact Fee Study report was previously updated in a report titled "2002 Development Impact Fee Study;" and Resolution No. 2013 -006 Development Impact Fees Adopted: February 5, 2013 Page 3 WHEREAS, the 2002 Development Impact Fee Study report has been updated in a report titled "2005 Development Impact Fee Study;" and WHEREAS, the 2005 Development Impact Fee Study report has been updated in a report titled "2006 Development Impact Fee Study;" and WHEREAS, the 2006 Development Impact Fee Study report has been updated in a report titled "2008 Development Impact Fee Study;" and WHEREAS, the 2008 Development Impact Fee Study report has been updated in a report titled "2013 Development Impact Fee Study;" and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1 . Findings Each WHEREAS paragraph, set forth above, is hereby adopted as a specific finding of this City Council. The City Council further finds that: a. The report entitled "Development Impact Fee Study," dated February 5, 2013 (the "Fee Study"), accurately states the City's need of and lack of ability to provide for the described public buildings, facilities and services to serve new development. The Fee Study sets forth a necessary and reasonable method of funding said buildings and facilities. The Fee Study shows that there is a reasonable relationship between the use of the fee and the projected types of development; the need for the various public facilities by the projected types of development pursuant to the City's General Plan; and the amount of the fee and the proportionate facility cost related to the development. The Fee Study is hereby approved and incorporated herein by this reference. b. The categories of community infrastructure and the percent of said infrastructure fee attributed to each category of infrastructure in the Fee Study are as follows: Transportation 50.37% Parks 23.92% Civic Center 12.10% Library 4.02% Community Centers 1.50% Street /Park Maintenance 2.52% Fire Protection Facilities 5.56% C. As set forth in detail in the Fee Study, in order to allow residential and Resolution No. 2013 -006 Development Impact Fees Adopted: February 5, 2013 Page 4 commercial land development to proceed in an orderly manner, while insuring that all new development is consistent with the General Plan, including the Public Building and Facilities Element, it is necessary and appropriate to approve the following Development Impact Fee to be imposed upon new development. Said fee will assist the City in funding a construction program to provide such needed public buildings and facilities as they are required and needed. SECTION 2 Development Impact Fee Policy Amount. Prior to approval of any zoning, re zoning, subdivision, or development proposal, the applicant shall pay or agree to pay a Development Impact Fee in the following amount for the following type development: a. Residential Single Family Detached - $6,894 per equivalent dwelling unit (EDU) b. Residential Single. Family Attached - $6,681 per EDU C. Residential Multi Family Other - $5,030 per EDU d. Office /Hospital - $5,379 per 1,000 square feet of floor area (KSF) e. General Commercial - $6,456 per KSF f. Tourist Commercial - $2,185 per room g. Golf Courses - $958 per acre The fees shall be paid prior to the issuance of building permit. SECTION 3 Use of Funds Capital Outlay All proceeds from fees collected pursuant to the Development Impact Fee Policy shall be paid into special capital outlay funds to be established by the City. Said fund or funds shall be used only for the purpose of acquiring, building, improving, expanding and equipping public property and public improvements and facilities described as community infrastructure in this Resolution, as the City Council may deem necessary and appropriate. Designation of expenditures of funds available from the special capital outlay fund(s) shall be made by the City Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the City Council may direct. SECTION 4 . Exclusions and Exceptions There is excluding from the fees imposed by policy, the following: Resolution No. 2013 -006 Development Impact Fees Adopted: February 5, 2013 Page 5 a. Any person when imposition of such fee upon that person would be in violation of the constitution and laws of the United States or the State of California. b. The construction of any facility by the City of La Quinta, the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. SECTION 5 Credits. Other Methods of Providing Infrastructure Unless otherwise specifically provided herein, the Development Impact Fee shall be in addition to and not in lieu of other valid exactions imposed upon new development through the subdivision or other approval processes. Provided; however, that payment of the Development Impact Fee shall be in lieu of payment of the public facilities and equipment and traffic signalization funds pursuant to La Quinta Municipal Code, 3.17.020. Provided further that in the event developer is required to directly provide infrastructure improvements specifically provided for in the fee structure, developer shall receive a fair and equitable credit against the "Development Impact Fee." The City hereby determines that the development impact fee is not intended to be the exclusive method of installation of needed public buildings and facilities and the City will consider alternative proposals to provide needed infrastructure to particular development and, to the extent such alternative proposal is discretionary approved by the City Council, developer shall receive a fair and equitable credit against payment of the Development Impact Fee. Any developer seeking alternative methods of installation shall submit such proposal to the City at the time of submittal of an application for development. SECTION 6 . Validity. Severance If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. In determining the amount of Development Impact Fee, the City Council has been guided by the Fee Study mentioned in paragraph one hereof. In the event any category of such fee shall be declared invalid, such determination shall not affect the validity of any other category. The City Council further finds, declares and determines that the Development Impact Fee on all remaining valid fee categories Resolution No. 2013 -006 Development Impact Fees Adopted: February 5, 2013 Page 6 shall be increased by the amounts of the fee categories declared invalid. Provided; however, that the amount of the remaining valid fee categories shall not be so increased over and above the amount recommended by said report for each category. SECTION 7 Administration and Enforcement. Effective Date. Repealer The Public Works Director shall be responsible for the administration and enforcement of this policy. The Public Works Director's decision may be appealed to the City Council whose decision shall be final. The City Manager is hereby authorized to execute necessary agreements for the administration of this policy. This Resolution shall become effective February 5„ 2013. The fees imposed by this Resolution shall go into effect 60 days following the effective date of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 5t" Day of February 2013 by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None r_1���_11PFI��tTiT7 ABSENT: None LL DON AD LPH, Wayor City of La Quinta, California Resolution No. 2013 -006 Development Impact Fees Adopted: February 5, 2013 Page 7 ATTEST: SUSAN MAYS ELS, City Jerk City of La Quinta, California (CITY SEAL) APPROVED AST FORM: THE INE JENS City Attorney City of La Quinta, Ca f rnia